cBowdoin,  James ]1752-1811. 

Opinions  respecting  the  commercia] 
intercourse  between  the  U.S.  of  Americ 
and  the  dominions  of  Gt.Brit.... 


DUKE 

UNIVERSITY 

LIBRARY 


Treasure  "S^om 


THE  LIBRARY*  1789 
Class...Jd£.'3.Q2.:i..l 


Book 


Oil)  1  —  1123 


K» 


/::c<?'y<-£ 


::mMmm>^^mmM^.mm. 


OPINIONS 

RESPECTING   THE 

COMMERCIAL  INTERCOURSE 


BETWEEN    THE 


United  States  and  Great-Britain. 


OPINIONS 

J  RESPECTING    THE 

COMMERCIAL  INTERCOURSE 


B  E  T  W  E  E  » 


The  United  States  of  America, 


AND 


The  Dominions  of  Great-Britain, 


INCLUDING 


OBSERVATIONS 

Upon  the  NECESSITY  and  IMPORTANCE 


OF     AN 


American  Navigation  A&. 


BY  A   CITIZEN  OF   MASSACHUSETTS. 
"  Fas  eji  et  ah  Hojle  doceri.** 


^e^»^^^»^^SP?^««^^g— 


BOSTON: 

Printed  and  fold  by  Samuel  Hall,  No.  53,  CornhilL 
1797. 


w^ 


''irf.' 


-to    THE 

CITIZENS 

OF     THE 

UNITED      STA.TES 

IN    GENERAL, 

AND     TO     THE 

Merchants  and  Owners  of  Vessels 

IN    PARTICULAR. 

l^  ONVINCED  that  the  Treaty  of  Commerce 
with  Great-Britain  conceded  important  principles, 
which  ought  never  to  have  been  relinquifhed  ;  the 
Writer  of  thefe  Sheets  fuppofes,  that  it  ought  not  to 
be  implicated,  by  an  unjuft  and  irrational  conftruc- 
tion,  upon  the  fuppofition,  that  the  United 
States  have  it  not  in  their  power  to  reciprocate 
the  Difadvantages  of  their  Commerce  with  Great- 

J<  Britain,  Conceiving  this  not  to  be  the  cafe, 
nor  to  have  been  intended,  but  that  the  United 
States  are  at  full  Liberty  to  place  it  upon  the 
footing  of  Reciprocity,  provide^  the  Regulations, 
neceffary   thereto,   extend    to   every  other   Nation, 

^  ^  the  following  Obfervations  are  moft  refpec^fuUy 
fubmitted,  by  The  AUTHOR. 


/iah; 


OPINIONS 

RESPECTING    THE 

COMMERCIAL    INTERCOURSE 

BETWEENTHE 

WmUttt  S>tate0  and  #reat=Britaitt. 


A  GREAT  fundamental  principle  of  adion, 
applying  to  national  intercourfe  and  tranfac- 
tions  of  every  kind,  whether  commercial  or 
not,  is,  that  one  nation  Ihould  not  injure  another  : 
that  national  conduft  fhould,  upon  all  occafions,  be 
frank  and  fincere  ;  or  that  whatever  might  be  the 
relative  power,  there  fliould  be  no  aim  to  over-reach, 
or  to  obtain  unequal  or  improper  advantages*  The 
writers  upon  the  law  of  nations  agree  in  this  great 
principle,  as  fpringing  from  the  law  of  nature.  From 
whence  they  infer,  that  treaties  made,  and  to  be 
kept,  fhould  have  equality  for  their  bails,  let  what 
may  be  the  ftate  and  condition  of  the  contrafting 
parties  ;  for  as  fuperiority  of  power  creates  no  obli- 
gation, or  right,  "  fo  power  or  weaknefs,"  fays  Vat- 
tel,  "  does  not,  in  this  refpecl,  produce  any  differ- 
ence." *  Equal  treaties  then,  founded  on  equal 
rights,  and  conferring  equal  benefits,  are  alone  obli- 
gatory by  the  law  of  nations.  "  Treaties  equal," 
lays  Vattel,  "  are  thofe  in  which  the  contrafting  par.- 
ties  promife  the  fame  things,  or  things  that  are  equiv- 
alent J 
*  Vattel,  book  i.  chap.  i.  page  i8. 


C     «     1 

alent  ;  or,  in  fhort,  that  are  equitably  proportionecfy 
fo  that  their  condition  is  equal.  Equal  treaties 
may  be  fubdivided  into  as  many  kinds  as  the  fove- 
reigns  have  different  tranfaclions  between  them* 
Thus  they  treat  of  the  conditions  of  commerce,*'*  &c. 
"  Nations  not  being  lefs  obliged  than  individuals,  to 
have  regard  for  equity,  they  ought,  as  much  as  poffi- 
ble,  to  preferve  equality  in  their  treaties  ;  when, 
therefore,  the  parties  are  in  fuch  a  ftate,  as  to  obtain 
the  Jame  reciprocal  advantages^  the  law  of  nature  re- 
quires their  treaties  fliould  be  equal,  at  leaft,  if  there 
is  not  fome  particular  reafon  to  deviate  from  that 
equality,  fuch  as  gratitude  for  a  former  benefit,"!  he. 
Unequal  treaties,  fays  the  fame  author,  are  thofe  in 
which  the  allies  do  not  promife  the  fame  things,  and 
tvhere  the  conditions  of  commerce,  or  whatever  may 
the  objects  of  the  treaty,  are  unequal. 

To  apply  the  foregoing  obfervations,  drawn  from 
the  law  of  nations,  to  a  particular  article  of  the  Brit- 
ifh  treaty,  to  determine  its  meaning  and  conftruftion, 
it  may  not  be  improper,  in  the  firfl:  place,  to  recite 
the  1 4th  article  of  the  treaty  at  large,  and  then  to  in- 
quire, whether  tht^re  is  not  fuificient  latitude,  in  its 
conftruftion,  to  juftify  fuch  additional  regulations  of 
commerce,  as  fhall  give  that  protection  and  fupport 
to  the  commerce  and  navigation  of  the  United  States, 
which  reciprocity  demands. 

14th*  Article^ 

"  There  fhall  be  between  all  the  dominions  of  his 
^'  Majefty  in  Europe  and  the  territories  of  the  United 
*'  States,  a  reciprocal  and  perfedl  liberty  of  Com- 
"  merce  and  Navigation.  The  people  and  inhabi- 
*'  tants  of  the  two  countries  refpeclively  fhaU  have 
*'  liberty,  freely  and  fecurely,  and  without  hindrance 
*'  and  moleftation,  to  come,  with  their  fhips  and  car- 
"  goes,  to  the  lands,  countries,  cities,  ports,  places 
"  and  rivers,  within  the  dominions  and  territories 

''  aforefaid, 

-    *  Vattel,  book  2.  chap.  12.  fed.  172. 
f  Vattel,  book  II.  chap.  12.  fed.  173. 


C     9   3 

■*'  aforefaid,  to  enter  into  the  faftie,  to  refort  and  to 
**  remain  and  to  relide  there,  without  any  limitation  of 
*'  time  :  alfo  to  hire  and  poffefs  houfes,  and  ware- 
"  houfes,  for  the  purpofes  of  their  commerce  ;  and 
*'  generally  the  merchants  and  traders,  on  each  fide, 
''  lliall  enjoy  the  moft  complete  proteclion  and  fecu- 
"  rity  for  their  commerce  ;  but  fubjecl  always,  as  to 
*'  what  refpeSfs  this  article^  to  the  Laws  and  Statutes  of 
*'  the  two  countries  rejpedive/y.'* 

If  the  ftipulation  of  a  reciprocal  and  perfect  liberty* 
of  commerce  and  navigation  herein  made,  as  well  as 
the  protection  and  fecurity  promifed  to  the  mer- 
chants and  traders  on  each  fide,  is  no*t  fufficiently  ex- 
plicit, when  it  is  declared,  as  to  what  refpefts  the  ar- 
ticle, to  be  always  fubjecl  to  the  lavv^s  and  ftatutes  of 
the  two  countries  refpectively  ;  Ihould  it  be  made  a 
queftion,  whether  a  general  IHpulation,  under  as  gen* 
eral  an  exception,  as  to  the  laws  and  ftatutes  of  the 
two  countries,  Ihall  be  conftrued  to  preclude  the  Le- 
giflature  from  making  laws  and  ftatutes,  which  are 
neceffary  to  procure  the  reciprocity  guarantied,  or 
luch  laws  and  ftatutes  as  are  founded  in  reciprocity 
and  equality  ;  and  in  the  policy  and  pra<flice  of  one 
of  the  contracting  parties,  the  Britifli  ?  or  whether 
it  ought  to  be  fuppofed,  that  the  other  contracting 
party  (the  United  States)  Ihould  be  tied  down  under 
the  general  ftipulation,  and  not  allowed  to  protect  its 
citizens  and  commerce  againft  foreign  interference  ? 
or  whether  a  perfect  liberty  of  commerce  and  naviga- 
tion ought  to  be  granted  on  one  fide,  againft  a  very 
imperfect  one  on  the  other  f  or,  in  other  words, 
whether  the  affected  perfect  liberty  conferred  by  the 
treaty,  marred  by  reftrictions  and  prohibitions,  ought 
to  reciprocate  fev/,  or  no  advantages  on  the  one  hand, 
whilft  the  moft  perfed  liberty,  common  to  every  cit- 
izen of  the  United  States,  is  allowed  on  the  ether, 
with  the  exception  of  an  extra  tonnage  duty  upon 
foreign  veflels,  and  an  addition  of  one  tenth  to  the 
amount  of  the  impoit  accruing  upon  their  cargoes  ? 
B  If 


[  10  ] 

If  fuch  a  conftruction  is  admitted,  there  is  no  roonf 
left  on  which  legiflation  can  exercife  its  powers  ;  all 
future  laws  and  ftatutes  of  the  two  countries  being 
neceffarily  contravened.  And  although  Britifli  mer- 
chants and  traders  might  introduce  practices  injurious 
to  the  rights  and  interclls  of  the  merchants  and  citi- 
zens of  the  United  States,  they  would  not  be  amen- 
able to  laws  made  pofterior  to  the  treaty  ;  and  of 
courfe  there  might  be  a  fet  of  foreigners,  under  the 
privileges  of  a  general  protection,  committing  inju- 
ries to  the  commerce  of  the  country  beyond  the  reach 
of  legiflative  remedy. 

If  this  conftruction  was  the  one  deligned,  why  was 
the  exception  made  as  to  the  laws  and  ftatutes  of  the 
two  countries  ?  Was  it  to  ratify  and  confirm  Britifh 
navigation  acis,  and  the  reftridions  and  prohibitions 
of  Britifli  ftatutes  on  the  one  fide,  and  to  leave  no 
means  to  reciprocate  fuch  difadvantages  on  the  other  ? 

If  this  was  intended,  why  was  it  not  declared  ;  and 
that  no  future  laws  or  ftatutes  fliould  be  made  to 
limit  or  reftrain  the  liberty  therein  given  ;  in  which 
cafe,  with  what  view,  or  to  what  purpofe,  was  the 
fucceeding,  the  1 5th  article,  made  ? 

The  1 5th  article  appears  to  be  but  an  exception  or 
%  provifo  to  the  14th  ;  or  if  it  is  not,  it  has  neither 
meaning  nor  ftgnification  :  For  if  the  legiflative 
power  was  to  be  controled,  in  future,  by  the  pro- 
vifions  of  the  preceding  article,  of  what  confequence 
was  it  to  ftipulate,  that  "  no  other  or  higher  duties 
*-^  Jhall  be  paid  by  the  fhips  and  merchandizes  of  the  one 
"  party,  in  the  ports  of  the  other,  than  fuch  as  are  paid, 
"  by  the  like  veflels,  on  merchandize  of  all  other  na- 
"  tions'*  ?  or  that  "  no  other,  or  higher  duty,  fliould  be 
"  impofed  in  one  country,  on  the  importation  of  any 
"  articles  of  the  growth,  produce  or  manufacture  of 
"  the  other,  than  are,  or  Jhall  be  payable  (mark  this  ex- 
"  preflion)  on  the  importation  of  the  like  articles, being 
"  of  the  growth,  produce  or  manufacture  of  any  other 
*'  foreign  nation"  ?  Or  of  what  import  are  the  follow- 
ing: 


[    "    ] 

ing  words  ?  "  ^or  Jhall  any  prohibition  be  impofed  on 
"  the  exportation  or  importation  of  any  article,  to  or 
"  from  the  territories  of  the  two  parties  refpectively, 
*'  which  JJmll  not  equally  extend  to  all  other  na- 
"  tions."  The  reply  is,  that  the  15th  article  mufl 
become  nugatory,  and  be  without  meaning  or  figni- 
fication,  if  the  unnatural  conftruction  aforementioned 
is  admitted.  The  flipulation  of  the  14th  article  ap- 
pears to  guaranty  a  reciprocal  liberty  of  commerce, 
and  navigation,  with  protection  and  fecurity  to  mer- 
chants and  traders  ;  but  fubjecl  to  the  laws  and  fta-. 
tutes  of  the  two  countries  refpectively  ;  provided 
fuch  laws  and  ftatutes  fliall  conform  to  the  provifions 
and  limitations  of  the  15th  article.  Taking  the  two 
articles  together,  the  conftruclions  harmonize,  and 
the  legiilatures  of  the  two  countries  are  left  only  un- 
der the  reftraints  of  reciprocity,  as  to  commerce  and 
navigation  ;  that  in  cafe  either  party  fhould  think  it 
neceffary  to  reciprocate  what  it  fliould  deem  unequal, 
or  difadvantageous,  the  regulations  neceffaiy  therefor 
muft  extend  to  every  other  nation.  This  conftruc- 
tion  gives  to  the  treaty  its  true  meaning,  and  con- 
forms to  the  law  of  nations,  which  exacts  juftice  and 
equality,  as  the  balis  of  commercial  and  political  tranf- 
actions.  It  is  prefumed  then,  that  the  United  States 
have  a  clear,  obvious  right  to  pafs  fuch  laws  and  fta- 
tutes as  are  neceffary  to  equalize  commercial  advan- 
tages, and  to  give  protection  and  fecurity  to  their  cit- 
izens againft  foreign  interference. 

Admitting  the  foregoing  reafoning  to  be  juft,  the 
next  inquiry  which  arifes  out  of  our  fubjecft,  is. 
What  regulations  does  reciprocity  require,  on  our 
part,  to  place  the  commerce  of  the  two  countries 
upon  that  footing  of  equality  which  wifdom  on  the. 
one  fide,  and  a  liberal  policy  on  the  other,  ought  to 
demand  ? 

To  permit  commercial  intercourfe  to  take  off  the 
furplus  productions,  beyond  what  are  neceffary  for 
home  confumption,  is  a  duty  that  nations  owe  to  the 

welfare 


welfare  and  happinefs  of  each  other  ;  and  the  obliga- 
tion is  no  lefs  ftrong,  that  the  exchanges  fliould  be 
founded  in  juftice  and  equity  ;  for  the  moral  princi- 
ple of  nations  does  not  permit  unequal  regulations  of 
commerce  ;  or,  at  leaft,  if  they  are  affumed,  or  pro- 
cured through  artifice  or  intrigue  by  the  one  party, 
it  is  made  the  duty  of  the  other,  by  the  law  of  na- 
tions, to  relift  and  to  oppofe  them.  In  order  then  to 
examine  the  fubject  before  us  with  clearnefs  and  pre- 
cifion,  it  is  neceflary  to  inquire, 

I,     What  is  the  relative  fituation,  in  refpecl  to 
commerce  and  navigation,  arifmg  out  of  the  ex-* 
ifting  laws  and  ftatutes  of  the  two  countries  re- 
fpeclively  ?  And 
a.     To  fuggeil  what  meafures  are  probably  necef- 
fary  to  place  their  commerce   and  navigation 
upon  the  footing  of  reciprocal  and  mutual  ad- 
vantage. 
J- In  treating  the  important  fubjed  herein  undertaken, 
it  is  proper  to  premife,  that  what  is  aimed  to  be  ef- 
tabliflied,  refts  as  much  upon  facts,  as  dedudlions  ; 
upon  commercial  flatements,  as  political  inferences. 
The  facls  depended  on,  are  the  cuftom-houfe  flate- 
ments of  Great -Britain,  and  thofe  official  documents, 
and  other  references,  which  were  thought  fufficient 
data,  on  which  to  ground  that  fyftem  of  rules  and 
regulations,  by  which  Great-Britain  is,  and  has  been 
guided  in  her  commerce  with  this  country.     A  re- 
currence to  the  fame  facts  and  authorities,  which,  it 
is  conceived,  are  the  beft  the  fubjecl  admits,  cannot 
be  deemed  unfair,  to  fliew  the  inequality  and  danger 
of  the  United  States  from  fuch  regulations,  and  the 
neceflity  of  refifling  and  oppofmg  them  by  counter 
regulations.- 

The  firft  object  of  inquiry  herein  propofed,  referring 
to  the  comparative  benefits  refulting  from  the  com- 
mercial and  maritime  regulations  of  the  two  coun- 
tries, fliall  be  confidered  under  their  diftinct  heads,  as 
far  as  the  nature  of  the  fubject  will  permit. 

In 


C      13     ] 

In  the  year  1783,  the  Brltifli  Parliament,  not  know- 
ing what  might  be  the  effect  of  the  independence  of 
the  United  States,  in  regard  to  the  Englilh  commerce  ; 
the  national  reiburces  and  credit  being  reduced  to  a 
low  ftate,  and  a  general  alarm  being  fpread  through 
the  nation,  for  fear  that  the  refentment  of  this  country- 
might  transfer  its  commerce  to  other  channels,  gave  a 
difcretionary  power  to  the  king,  by  the  advice  of  the 
privy  council,  to  adopt  fuch  temporary"  regulations,  in 
regard  to  the  United  States,  as  the  intereft  of  the  na- 
tion, and  the  new  fituation  of  the  United  States, 
might  require.  Accordingly  the  following  order  of 
the  king  and  council  palTed  2d  of  July,  1783. 

"  At  the  Court  of  St.  Jameses,  2d  July,  1783. 
Prefent,  the  King's  Moft  Excellent  Majefty  in 
Council. 

"  Whereas  by  an  acl  of  Parliament  paffed  this 
feflion,  intitled,  "  An  acl  for  preventing  certain  in- 
"  ftruments  from  being  required  from  Ihips  belong- 
"  ing  to  the  United  States  of  America  ;  and  to  give 
"  to  his  Majefty,  for  a  limited  time,  certain  powers 
"  for  the  better  carrying  on  trade  and  commerce  be- 
*'  tween  the  fubjects  of  his  Majefty's  dominions,  and 
"  the  inhabitants  of  the  faid  United  States,"  it  is, 
amongft  other  things,  enacted,  that  during  the  con- 
tinuance of  the  faid  act,  it  Ihall  and  may  be  lawful  for 
his  Majefty  in  council,  by  order  or  orders  to  be  iffued 
and  publiftied,  from  time  to  time,  to  give  fuch  direc- 
tions, and  to  make  fuch  regulations,  with  refpect  to 
duties,  drawbacks,  or  otherwife,  for  carrying  on  the 
trade  and  commerce  between  the  people  and  territo- 
ries belonging  to  the  crown  of  Great-Britain,  and  the 
people  and  territories  of  the  faid  United  States,  as  to 
his  Majefty  in  council  fliall  appear  moft  expedient  and 
falutary,  any  law,  ufage,  or  cuftom,  to  the  contrary 
notwithftanding  ;  his  Majefty  doth  therefore,  by  and 
with  the  advice  of  his  privy  council,  hereby  order 
and  dired,  that  pitch,  tar,  turpentine,  hemp,  flax, 

mafts. 


[    '4    : 

mafts,  yards  and  bowfprits,  ftaves,  heading,  boards, 
timber,  fhingles,  and  all  other  fpecies  of  lumber  ; 
horfes,  neat  cattle,  fheep,  hogs,  poultry,  and  all  other 
fpecies  of  live  llock  and  live  provilions  ;  peas,  beans, 
potatoes,  wheat,  flour,  bread,  bifcuit,  rice,  oats,  barley, 
and  all  other  fpecies  of  grain,  being  the  growth  or 
production  of  any  of  the  United  States  of  America, 
may  (until  further  order)  be  imported  by  British 
SUBJECTS  IN  British  built  ships,  owned  by  his 
Majefty's  fubjecls,  and  navigated  according  to  law, 
from  any  port  of  the  United  States  of  America  to  any 
of  his  Majefty's  Weft-India  iflands  ;  and  that  rum, 
fugar,  molafles, coffee,  cocoa-nuts,  ginger  and  pimenta, 
may,  until  further  orders,  be  exported  by  British 
SUBJECTS  IN  British  built  ships,  owned  by  his 
Majefty's  fubjecls,  and  navigated  according  to  law, 
from  any  of  his  Majefty's  Weft-India  iflands,  to  any 
port  or  place  within  the  faid  United  States,  •  upon 
payment  of  the  fame  duties  on  exportation,  and  fub- 
jcd:  to  the  like  rules,  regulations,  fecurities  and  re- 
ih'id:ions  as  the  fame  articles  by  law  are,  or  may  be 
fubject,  and  liable  to,  if  exported  to  any  Britifh  colo- 
ny or  plantation  in  America.  And  the  Right  Hon- 
orable the  Lords  Commiflioners  of  his  Majefty's  trea- 
fury,  and  the  Lords  CommifTioners  of  the  admiralty, 
are  to  give  the  neceffary  directions  herein,  as  to  them 
may  refpectively  appertain." 

Signed,         *'  Stephen  Cqttrell.'*  * 

With  refpecl  to  the  regulations  above  recited,  it  is 
to  be  obferved,  that  they  were  repeated  the  Decem- 
ber following,  and  have  been,  from  time  to  time,  fmce 
continued,  with  little  alteration  in  their  principle,  by 
acts  which  have  paifed,  at  every  feflion  of  Parliament, 
authorizing  his  Majefty  to  make  them  ;  and  they  are 
now  confirmed,  with  the  approbation  of  the  United 
States,  in  the  ratification  of  the  late  treaty  with  Brit* 

ain, 

*  The  petty  cuftom  of  one  per  cent,  upon  alien  goods-  was  repealed, 
and  the  allowance  of  drawback  to  aliens,  in  certain  cafes,  permitted} 
1784. 


C       '5       ] 

ain,  viz.  in  the  14th  article  aforementioned,  whicfe 
fubjecls  the  liberty  of  commerce,  therein  given,  "  to 
the  laws  and  llatutes  of  the  two  countries  refpeclively." 
It  is  but  juftice  to  the  treaty,  however,  to  fay,  that 
the  provilions  of  the  12th  article,  which  were  refufed 
ratification  by  the  United  States,  were  intended  as  a 
mitigation  to  the  injuries  and  inequalities  of  thefe  reg- 
ulations. The  conceflions  therein  made,  by  the  Brit- 
ifli  government,  although  unequal  to  the  facritices, 
by  the  United  States,  in  other  parts  of  the  treaty, 
might  have  been  of  fome  commercial  advantage  ; 
but  they  were  accompanied  with  fuch  indignities  to 
the  freedom  and  independence  of  the  country,  in  re- 
lation to  productions  from  the  dominions  of  other 
ftates,  that  they  could  not  be  accepted. 

But  before  I  proceed  to  obferve  upon  the  detail,  it 
will  be  proper  to  make  a  few  obferv^ations  upon  the 
principle  of  the  foregoing  regulations. 

They  hold  up  an  important  diftinclion  between  the 
European  and  the  other  dominions  of  Great-Britain^ 
in  the  allowance  of  commerce  with  the  United  States. 
If  this  diftinclion  was  proper,  why  did  it  not  go  fur- 
ther, and  extend  the  fame  reftriction  to  Ireland,  which 
is  no  more  than  a  Britifh  colony  ;  or  to  Scotland  or 
Wales,  or  to  all  of  them  ;  for  there  would  have  been 
equal  propriety  in  extending  the  reftriclions  further, 
even  to  all  the  Britilh  dominions,  whether  in  Europe 
or  elfewhere,  which,  it  is  believed,  v/ould  have  been 
moft  for  the  intereft  of  the  United  States,  as  to  have 
limited  the  reftriclions  to  the  Englifh  colonies  only  ? 
In  fuch  cafe,  the  United  States  would  have  feen 
through  the  equity  of  the  regulations,  and  governed 
themfelvcs  accordingly.  As  well  might  the  United 
States  fay,  that  liberty  of  commerce  Ihould  be  grant- 
ed to  the  fubjecls  of  Great-Britain,  except  with  Vir- 
ginia, South-Carolina  and  Georgia,  and  with  them, 
fo  far  as  to  permit  the  citizens  of  the  United  States 
to  tranfport  tobacco,  rice,  and  naval  ftores  to  Great- 
Britain,  if  {[lipped  in  American  bottoms,  with  liberty 

to 


C       i6       ] 

to  import  into  thofe  ftates,  in  like  bottoms,  Englifh 
manufactures,  with  the  exception  of  woolen  cloths, 
cottons,  and  fome  other  principal  Britifti  merchandizj. 
es,  which  Ihould  be  totally  prohibited. 

Whenever  a  nation  fets  up  a  principle  of  action,  as 
a  rule  of  commercial  or  political  conduct,  which  is  to 
operate  upon  the  commerce  or  policy  of  other  nations, 
it  is  becoming,  that  it  ihould  regard  juflice  and  equity, 
in  relation  to  fuch  nations  with  which  flie  has  political 
or  commercial  tranfaclions.  It  is  not  fufficient  for  a 
nation  to  fay,  that  fhe  has  colonies,  which,  becaufe  flie 
has  planted,  ihe  will  wantonly  exclude  from  other 
nations,  and  monopolize  to  herfelf  their  commerce 
and  labour  :  nor  is  it  fufficient,  that  this  principle  be 
fortified  by  the  ufages  and  practices  of  nations  ;  or 
that  Grotius,  Puffendorf,  Burlamaqui,  and  Vattel, 
implicitly  or  explicitly  juftif)^  it.  Two  confiderations, 
in  their  nature  previous  to  the  adoption  of  fuch  a  rule^ 
enter  into  its  exercife,  and  ought  to  make  its  principle; 
the  firft  is,  whether  it  is  for  the  beft  intereft  of  the 
parent  Hate  as  connected  with  the  leaft  injury  to  the 
inhabitants  of  her  colonies :  and  the  fecond,  whether* 
it  is  for  her  beft  intereft  as  connected  with  thofe  advan- 
tages fhe  derives  from  the  commerce  of  other  ftates. 
Admitting  the  right  of  monopoly  over  colonies,  in 
the  moft  extenfive  fenfe  that  protection  and  power 
cart  give  it,  it  does  not  follow,  that  the  inhabitants  of 
colonies  have  no  claim  upon  the  parent  ftate,  from 
iituation  and  humanity,  from  circumftances  and  ex- 
pedients, in  procuring  their  own  welfare,  with  the 
objects  of  their  eftablifhment  :  although  the  parent 
ftate  is  fovereign,  and  colonies  fhould  be  liibordinate  ^ 
and  fliould  produce,  fay  indefeafible  right,  on  the  one 
fide  ;  and  abfolute  fubmi'flion  on  the  other  ;  yet  un- 
neceffary  and  cruel  deprivations  cannot  be  juftified 
under  fuch  a  claim.  Their  circumftances  and  fitua- 
tion,  their  internal  and  external  relations,  muft  pro- 
duce a  choice  of  means,  which  muft  defignate  the 
wifdom,  juftice  and  policy  of  the  meafures  purfued. 

To 


i:    17    3 

To  fay  then,  that  colonies  have  no  rights,  but  filch  as 
are  abforbed  in  the  mere  will  of  the  metropolitan  ftate, 
is  abfurd  :  nor  lefs  fo,  would  it  be  to  fay,  that  it  would 
be  always  for  the  intereft  of  the  metropolitan  ftate  to 
exclude  foreigners  from  a  participation  in  its  colonial 
commerce  ;  for  fuch  a  regulation  fliould  arife  rather 
from  policy  than  right,  and  muft  depend  upon  the 
liquidation  of  advantages  and  difadvantages,  in  its 
commerce  v/ith  other  ftates  :  if  the  right  is  affumed, 
the  policy  may  be  denied,  and  the  metropolitan  ftate 
may  become  the  lofer  from  its  aflumption.  In  fuch 
cafe,  it  had  been  better  to  have  adhered  to  the  policy, 
rather  than  the  right.  The  concurrence,  then,  of  both 
the  one,  and  the  other,  muft  be  brought  into  view, 
to  determine  the  fitnefs  and  propriety  of  fuch  com- 
mercial regulations.  The  right  then  refts  precifely 
upon  the  fame  footing,  which  every  independent 
country  pofl'elTes,  of  regulating  its  own  commerce,  to 
extend,  to  limit,  or  totally  to  prohibit  it,  with  foreign 
nations,  leaving  the  fame  right  to  the  nation  afFefted 
by  fuch  regulations,  which  muft,  of  necellity,  at  length 
reduce  the  right  to  a  mere  queftion  of  policy. 

Let  us  examine  then,  whether  right  and  policy 
concur,  in  the  prefent  cafe,  to  juftify  Great-Britain  in 
excluding  the  citizens  of  the  United  States  from  a 
participation  in  the  commerce  and  navigation  of  her 
Weft-India  illands,  admitting  the  right  and  power  of 
retaliation  in  the  United  States,  which  fhall  hereafter 
be  ftiewn. 

Whenever  we  reflect  upon  what  was  the  relative 
fituation  of  the  United  States  and  the  Enjxlifli  Weft- 
India  colonies,  that  v/e  were  the  offspring  of  the  fame 
parent,  eftabliflied  and  protected  by  the  fame  power, 
and  nourifhed  and  cherilhed  for  the  fame  purpofe,  viz. 
the  aggrandizement  of  the  Britifli  empire  ;  without 
entering  into  the  difputes  which  brought  on  the 
American  revolution  ;  fuffice  it  to  fay,  that  there  was, 
before  the  revolution,  a  clofe,  intimate  and  beneficial 
commercial  connection,  which  fubfifted  between  the 
C  Englifli 


[       "8       ] 

Englifli  Weft-India  illands  and  the  now  United  State's, 
Mutual  wants  and  conveniences  were  its  foundation, 
which  contributed  not  lefs  to  the  growth  and  profperi- 
ty  of  the  then  refpeclive  colonies,  than  to  the  opulence 
and  gi'andeur  of  the  mother  country. 

To  fever  and  cut  off  a  commercial  intercourfe, 
Ipringing  from  fituation,  interwoven  by  habit,  and 
cemented  by  fo  many  ties  of  intereft  and  convenience, 
ought  to  be  juftilied  by  arguments  of  more  folidity 
than  the  independence  of  the  United  States,  or  the 
mere  right  of  monopoly  over  the  trade  and  produce 
of  colonies. 

It  is  admitted,  that  the  citizens  of  the  two  coun- 
tries, by  the  fovereignty  and  independence  of  the 
United  States,  became  aliens  to  each  other,  and  that 
each  country  poilelled,  in  a  fenfe,  the  right  of  limit- 
ing, reftriding,  or  prohibiting  its  commerce,  as  it 
might  deem  beft  ;  yet,  when  a  narrow,  illiberal  pol- 
icy, bottomed  upon  refentment  and  difappointment, 
rather  than  its  real  intereft,  or  the  convenience  or  ad- 
vantage of  its  colonies,  became  adopted  into  a  fyftem 
of  commercial  regulations,  fuch  a  conduct,  if  proved, 
muft  deferve  reprobation  and  reproach,  and  in  the 
end  will  produce  defenfory  meafures,  which  fhall  re- 
quite their  injuftice.  Several  of  the  ftates,  in  the  year 
1784,  in  their  individual  capacities,  as  well  as  the 
Englifli  Weft-India  merchants  and  planters,  made  in- 
effedual  efforts  to  procure  the  repeal  of  thefe  ofFenfive 
regulations.  The  latter,  that  is,  the  Englifh  mer- 
chants and  planters, petitioned  the  Englifh  parliament, 
pointing  out  the  injurious  confequences  of  the  regu- 
lations of  commerce  to  the  Weft-India  iflands  ;  that 
they  were  founded  in  ill  policy  and  refentment,  and 
would  induce  a  retaliation  on  the  part  of  the  United 
States^  The  ftates  of  Virginia,  New- York,  New-Jer- 
fey,  and  Maryland,  paffed  refolutions  upon  the  fub- 
je<5l,  conlidering  them  as  aggrellions  upon  the  com- 
meite  of  the  ftates,  and  ftrongly  recommending 
countervaiHng  reftriclions.      The  ftate  of  Maffachu- 

fetts 


[        tg       3 

fetts  pafled  a  navigation  ad:,  with  an  expeclation  it 
would  have  been  followed  by  limilar  acts  from  the 
other  ftates,  which  was  to  have  been  in  force  until 
Congrefs  fhould  have  been  empowered  to  regulate 
trade  :  but  it  not  being  feconded  by  any  other  ftate 
than  Rhode-Ifland,  it  was  repealed,  for  the  want  of  a 
more  general  concurrence.  Thus  ended  the  prophe- 
cies of  retaliation  by  Englifh  writers,  and  Weft-India 
planters  ;  and  thus  became  fruitlefs,  the  individual 
attempts  of  feveral  of  the  ftates  to  remedy  the  inju- 
ries and  cruelties  of  thefe  pernicious  regulations  of 
commerce. 

Mankind  don't  adminifter  to  the  rights  of  others 
fo  much  from  duty  as  from  fear  ;  it  is  by  retaliation, 
that  nations  muft  make  their  rights  and  interefts  re- 
Ipected,  when  they  are  infringed.  The  United  States, 
untaught  by  experience,  and  not  having  provided 
againft  the  evils,  which  awaited  their  independence, 
for  fix  years  were  laid  under  Britifti  commercial  bon- 
dage, and  patiently  fuffered  their  navigation,  com- 
merce, and  manufactures,  to  be  almoft  cut  up  by  the 
roots,  for  the  want  of  thofe  defenfory  reftrictions, 
which  were  neceflary  to  their  proteftion.  Thefe  in- 
juries, fenfibly  as  they  were  felt,  had  their  attendant 
benefits  ;  they  afforded  an  inftruclive  leflbn  to  the 
honeft  unfufpecling  politics  of  our  country.  Great- 
Britain,  under  the  deceitful  appearance  of  tendering 
to  us  the  liberal  hand  of  friendlhip  and  reconciliation, 
at  the  eftablifhment  of  peace,  difarmed  us  of  our  pru- 
dence ;  and,  by  her  commercial  arrangements,  even 
put  to  hazard  the  very  independence  for  which  we 
had  contended,  and  achieved.  The  feveral  ftates  faw 
the  evil,  which  was  fapping  their  beft  interefts,  jealous 
of  their  fovereignties,  and  diftracled  by  oppofing  fen- 
timents,  from  the  defecl  of  the  old  organization  of 
Congrefs  ;  and  from  the  neceflity  of  a  power  to  reg- 
ulate commerce,  the  great  actuating  motive  for  the 
adoption  of  a  Federal  Conftitution,  the  now  Confti- 
t^tion  of  the  United  States  became  accepted,  and  ap- 
proved 


[         40         ] 

proved  by  the  people,  trufting,  that  its  refult  would, 
produce  a  conducl  from  Great-Britain  more  confo^ 
nant  to  equity,  and  to  thofe  advantages  ftie  was  daily 
deriving  from  the  comi?ierce  of  the  United  States* 
But  Englifh  minifters,  hitherto  knowing  the  influence 
of  language,  habits,  manners,  fafliions,  and  credits  ; 
knowing  the  difficulties  and  embarraffments  attend* 
ant  on  the  altering  of  ojd  channels  of  commerce  ; 
knowing  her  power  to  circumfcribe  her  own  mar- 
kets, whilft  ours  were  open  to  her  manufactures  ; 
knowing  the  prejudicies  and  jealoufies  fubfifting  be- 
tween the  feveral  ftates,  fhe  has  even  procured  a  pre- 
ference in  our  own  ports,  through  her  merchants  and 
factors,  for  the  employment  of  her  fliips  and  veffels, 
to  thofe  of  the  United  States  :  and  the  United  States, 
fbr  feveral  years,  exhibited  a  fituation  as  novel  as  it 
was  abfurd  ;  foreign  fhips  and  veffels  finding  in  our 
ports  ample  and  feady  freights,  whilft  thofe  of  the 
United  States,  circumvented  by  Britifli  reftrictions, 
were  rotting  at  our  wharves,  for  want  of  employ. 

It  is  by  the  fettled  tendency  of  meafures,  rather 
than  by  profeffions  and  declarations,  that  we  muft 
judge  of  the  friendihip  or  enmity  of  nations  :  we 
need  not  recur,  for  inftance,  to  the  hiftories  of  either 
France  or  England,  to  know  their  enmity  and  hatred 
to  each  other  :  a  recurrence  to  their  laws,  and  to  their 
rules  of  commerce,  will  fufBciently  difcover  their  paf- 
fions  and  refentments,  perhaps  more  ftrongly  than 
the  hiftory  of  their  battles.  Accident,  miftake,  or 
occurrences,  from  a  thoufand  circiimftances,  might 
produce  temporary  hoftilities  ;  but  in  the  fettled  rules 
apd  regulations  of  their  general  and  commercial  pol- 
icy, their  hatred,  their  malice,  and  their  rivalries,  will 
be  more  fully  defignated  :  in  like  manner,  if  we  re- 
cur to  the  Englifh  regulations  of  commerce,  adopted 
towards  this  country,  in  the  face  of  the  petitions 
and  remonftrances  of  the  moft  refpeclable  Englifli 
merchants  and  Weft-India  planters,  to  point  to  their 
leading  motives,  "jjq  cannot  doubt ^  that  extreme  Jelfijhnefs, 

and 


[  21  ] 

Mnd  a  vmrked  refeniment  againji  the  United  States  generaU 
ly,  and  ttje  New-England  Jiates  in  particular,  for  their 
manly  conduB  in  the  revchition,  ivere  the  chief  objeds  and 
end  of  their  policy,  Circumftanced  and  fituated  as  the 
New-England  States  particularly  were,  at  the  clofe  of 
the  war,  can  the  narrow,  felfifh,  bigoted  policy  of  a 
Britifh  minifter  be  juftiiicd  in  denouncing  their  navi- 
gation, fiflieries,  and  commerce,  by  the  mofl  fudden, 
cruel  and  oppreflive  regulations  ?  Is  it  poffible,  that 
the  New-Ensfland  ftates  can  have  witnefled  the  ten- 

o 

dency  of  fuch  mealures,  and  obferve  them  continued 
and  perlilied  in,  and  yet  be  taught,  as  fome  amongft 
us  affect  to  inftruci:  us,  that  an  Englifh  alliance  ought 
to  be  courted  and  preferred  to  all  others  ?  if  alliances 
with  reftrictions  and  prohibitions  ought  to  be  court- 
ed ;  if  they  are  marks  of  friendfliip,  a  New-England- 
man  might  well  afk,  what  are  indications  of  enmity, 
fhort  of  open  hoftility  ?  whilft  he  will  apoftrophize 
and  fay.  From  fuch  friendfliip,  and  fuch  regulations 
of  commerce,  good  Lord  deliver  us  ! 

But  as  it  would  be  unwarrantable,  and  it  is  not 
mf  intention,  to  mifreprefent,  either  the  defigns  or 
the  policy  of  the  Britifti  government,  it  is  fitting  that 
the  facfs  and  ftatements,  on  which  the  foregoing 
fuggeftions  are  grounded,  fliould  be  laid  before  the 
public. 

1.  The  citizens  of  the  United  States  and  their 
veffels  were  excluded  commercial  intercourfe  with 
the  Britifli  Weft-India  illands,  whereby  the  employ- 
ment of  above  thirty  thoufand  tons  of  American 
fliipping  was  totally  interdicted,  befides  the  difadvan- 
tage  of  a  great  diminution,  both  in  the  vent  of  Amer- 
ican productions,  and  in  the  fupply  of  thofe  of  the 
Weft-Indies,  which  arofe  from  confining  the  carrying 
trade,  in  both  direftions,  -to  Englifli  velTeis. 

2.  The  following  important  articles  of  the  pro- 
duce of  the  United  States,  particularly  thofe  of  the 
Ncw-l']ngland  ftates,  were  totally  prohibited  to  be  im- 
ported into  the  Englifli  Weft-India  colonies,  either  in 

Britifli 


[  2Z         ] 

Britilh  or  American  bottoms,  viz.  beef,  pork,  falted 
filli,  whale  oil,  fpermaccti  candles,  &c.  whereby  the 
New-England  ftates  fuftained  an  annual  lofs  of  vent 
or  market  for  upwards  of  "  fifteen  thoufand  barrels 
"  of  beef  and  pork,  two  hundred  and  thirty  thoufand 
*'  quintals  of  fifh,  about  five  hundred  tons  of  whale 
"  oil,"  which,  with  the  other  articles  of  the  growth 
and  produce  of  the  United  States  annually  fliipped  to 
the  Englifh  Weft-Indies,  amounted,  by  the  Britilh  ac- 
counts, to  not  lefs  than  a  million  fterling,  which  not 
only  fupplied  them  with  the  produce  of  the  Englifli 
iflands,  viz.  with  "  three  million  fix  hundred  thou- 
"  fand  gallons  of  Weft-India  rum,  three  thoufand 
"  hogfheads,  fifteen  hundred  tierces  and  four  thou- 
"  fand  barrels  of  fugar,  one  hundred  and  fifty  thou- 
"  fand  gallons  of  molafl'es,  with  coftee  to  the  amount 
"  ^^  ;C5'^5°°o  fterling  ;  cocoa,  mahogany  plank,  pi- 
"  menta,  ginger,  cotton  wool,  fuftick,  logwood,  and 
*'  lignum-vitse,  to  the  amount  of  £.  60,000  fterling, 
"  befides  a  balance  in  cafti  of  ;^. 240,000  fterling."* 

It  was  natural  for  the  unfiifpecting  politics  of  the 
United  States  to  fuppofe  that  Great-Britain  hadifo 
much  to  gain,  by  permitting  their  commerce  to  take 
its  old  channels,  and  in  the  end,  fo  much  to  lofe,  if 
they  would  not  permit  it,  that  the  general  balance  of 
the  whole  trade  was  fo  much  to  the  advantage  of 
Great -Britain,  by  receiving  an  annual  balance  from 
the  United  States  of  above  fix  hundred  thoufand 
pounds  fterling,  befides  the  immenfe  advantage  arifing 
from  the  freightage  of  the  produce  of  the  United 
States,  that  fhe  would  not,  under  fuch  circumftances, 
aim  to  profcribe  her  markets  to  American  veflels  ; 
nor  to  carry  into  effect  againft  them,  her  illiberd 
fyltem  of  reftriclions  and  prohibitions  upon  foreigners, 
and  foreign  veffels,  to  the  difadvantage  of  any  particu- 
lar part  of  the  commerce  of  the  United  States,  efpecial- 
ly  of  the  New-England  ftates :  but  in  this,  the  United 

States 

*  See  Brian  Edwards's  pamphlet,  refpeding  the  trade  of  the  Wcft- 
Irdia  iflfands  \x\th.  the  United  States. 


C     23     j 

States  have  found  themfelves  deceived,  and  CireM-t 
Britain  has  hitherto  been  able  to  fupport  her  narrow, 
felfifh  fyllem  of  commercial  regulations,  unretaliated 
by  the  United  States,  through  her  machinations  and 
intrigues,  in  the  government  of  the  United  States. 

But  the  neceflity  of  reviling  the  commercial  fyftem 
of  the  United  States  does  not  reft,  merely,  upon  the 
Englifh  colonial  arrangements,  but  muft  be  confidered 
in  connection  udth  her  European  fyftem  of  commer- 
cial policy  ;  and  in  relation  to  the  diftinclions  and 
difabilities,  which  the  laws  of  England  impofe,  between 
foreigners  and  Britifli  fubjecls. 

Although  merchant  ftrangers  enjoy  important  priv- 
ileges in  England,  compared  with  thofe  of  fome  other 
countries  of  Europe,  except  Holland  ;  that  when 
friends,  they  have  a  conftitutional  right  of  refidence, 
and  a  legal  protection  to  their  perfons  and  properties, 
extending  even  to  the  right  of  holding  real  eftate, 
when  not  to  their  own  ufe,  they  are  ftill  under  nu- 
merous difabilities,  and  fubject  to  peculiar  impofitions, 
which,  although  leffening,  fays  Judge  Blackftone^ 
"  from  the  commercial  intereft  and  policy  of  the 
nation,"  yet  they  create  important  diftinclions  be- 
tween natives  and  foreigners,  to  the  benefit  of  the 
one,  and  to  the  prejudice  of  the  other.  To  thefe  im- 
pofitions, numerous  as  they  are,  fay  Britifli  minifters, 
the  citizens  of  the  United  States  became  fubjcct  from 
their  independence  !  and  what  rendered  them  the 
more  injurious,  was,  that  they  had  been  the  ground, 
and  realbn,  on  which  the  commerce  of  the  United 
States  had,  in  many  cafes,  been  predicated.  A  con- 
fpicuous  example  of  the  fad:  herein  ftatcd,  well  known 
to  the  people  of  New-England,  is  the  alien  duty  of 
jT.iS-^  fterhng  per  ton  on  foreign  train  oil,  original- 
ly intended,  as  it  now  continues  to  be,  a  prohibition 
upon  its  importation  into  England  ;  whereby  the 
employment  of  one  hundred  and  thirty  fail  of  our 
velTels,  or  thirteen  thoufand  tons  of  Ihipping,  in  ouf 
whale  fifhery,  was  laid  under  fuch  embarralfments, 

that 


C        24        ] 

that  it  became  nearly  ruined  before  other  channels  of* 
vent  could  be  found  *  ;  and  it  has  not,  even  at  this 
period,  arrived  at  its  ufual  ftate  of  profperity  ;  not 
now  employing  more  than  forty  fhips  of  two  hundred 
tons,  or  eight  thoufand  tons  of  fliipping  ;  in  confe- 
quence  of  which,  a  remittance  of  one  hundred  and 
fifty  thoufand  pounds  fterling  in  train  oil,  to  pay  for 
Britifh  manufactures,  allowed  free  entry ^  was  at  once 
interdicted,  and  the  country  reduced  to  the  ncceffity 
of  finding  therefor  other  means  of  payment. 

Upon  the  fame  principle,  American  built  fhips  were 
prohibited  fale  in  Britifh  ports  ;  or,  what  was  the 
fame  thing,  the  prohibitions  and  reftriclions  of  the 
Englifli  navigation  act  deftroyed  the  Engiilh  market 
for  the  fale  of  American  built  veffels,  which,  before 
the  revolution,  Great-Britain  had  been  in  the  habit 
of  purchafing,  deriving,  at  leaft,  two  fifths  of  her 
fhips  and  vefl'els  from  the  built  of  America,  amount- 
ing to  about  two  hundred  and  ten  thoufand  tons, 
which,  if  renewed  every  feven  years,  the  time  allow- 
ed, by  Britifh  accounts,  for  the  duration  of  American 
built  veffels,  an  annual  vent  for  thirty  thoufand  tons 
of  fhipping  became  loft  to  the  United  States  ;  which, 
if  calculated  at  fix  pounds  fterling  per  ton,  including 
their  fails  and  rigging,  without  reckoning  their  freight 
to  England,  amounted  to  one  hundred  and  eighty 
thoufand  pounds  fterling.  If  we  add  to  thefe  injuri- 
ous diftinclions,  the  numerous  reftraints  upon  aliens, 
who  may  refide  in  England,  for  the  purpofe  of  carry- 
ing on  commerce,  (the  particulars  of  which  may  be 
feen  by  recurring  to  the  Englifh  rate  books),  we  fhall 
find,  that  the  privileges  granted,  by  the  14th  article 
of  the  Britifh  treaty,  to  the  citizens  of  the  United 
States,  unlefs  counter  reftrictions  and  prohibitions  are 

adopted, 

*  To  preferve  the  whale  fiflaery  of  Maflachuietts  from  total  ruin,  ti.e 
ftate  of  Maffachufctts,  in  the  year  1785,  was  obliged  to  grant  the  follow- 
ing bounties  upon  whale  oil,  viz.  on  white  fpermaceti  oil,  five  pound ; 
per  ton  ;  yellow  ditto,  three  pounds  ;  and  common  whale  oil,  40  fhil- 
lings  per  ton  ;  which  were  continued  until  the  ill  of  December,  1787  ; 
and  on  which  were  paid  £,.  10,293-3-10  MalTachufctts  currency. 


C     25     ] 

adopted,  can  bear  no  comparifon  with  the  privileges 
conferred  upon  Britifh  fubjecls,  refiding  in  this  coun- 
try, independent  of  the  reftraints  of  the  Englilh  navi- 
gation ad,  of  which  I  fhall  take  more  particular  no- 
tice hereafter. 

I.  Englilh  merchants  are  allowed  to  import  into 
England,  many  articles  of  merchandize,  which  are 
not  permitted  to  merchant  ftrangers. 
•  2.  Numerous  articles  of  merchandize  are  not  per- 
mitted to  be  uttered  or  fold,  either  by  foreigners  or 
Britilh  fubjects. 

3.  The  exclulive  privileges  given  to  particular 
trading  companies,  fuch  as  the  Eaft-India  Company, 
the  Turkey  Company,  the  Hudfon-Bay  Company,  &c. 
are  further  reftraints  upon  the  liberty  of  commerce. 

4.  The  prohibitions  upon  the  exportation  of  raw 
materials,  fuch  as  gold,  filver,  iron,  brafs,  copper,  lat- 
tin,  bell  metal,  pan  metal,  gun  metal,  fhruff  metal, 
tallow  and  raw  hides,  unwrought  horns,  wool,  wool- 
felts,  mortlings,  fuller's  clay,  pipe  clay,  and  many 
other  articles,  the  bafes  of  manufadures,  are  among 
the  reftraints  upon  commerce. 

5.  The  qualified  prohibition  upon  the  following 
articles,  which  are  only  allowed  to  be  exported  when 
under  a  given  price,  or  value,  at  the  place  of  exporta- 
tion, viz.  gun-powder,  wheat,  rye,  barley,  malt,  oats, 
beef,  pork,  butter,  &c.  under  the  expreis  exception, 
that  when  allowed,  are  only  permitted  to  be  exported 
in  Britifli  bottoms. 

6.  The  abfolute  prohibition,  upon  the  importation 
of  moft  articles  of  manufadlures  from  foreign  coun- 
tries, and  of  courfe,  upon  thofe  of  the  United  States, 
fuch  as  woolen  cloths,  flioes*,  goloflioes,  hats,  wool 
cards,  &c.  fome  of  which  might  be  very  advantagc- 
oufly  exported  from  this  country  to  England. 

7.  The  importation  into  England  of  beef,  pork, 
cattle,  ftieep,  fifli,  &c.  important  articles  of  export 
from  the  New-England  ftates,  are  deemed  a  public 
nuifance,  and  are  forfeited  if  offered  for  fale. 

D  8.  Double 


C        26       ] 

8.  Double  light  nwney  and  trinity  duties  of  1/9 
fterling  per  ton  on  foreign  veffels,  except  to  the  port 
of  London. 

9.  The  alien  duties  of  fcavage,  package,  and  por- 
terage, paid  to  the  corporation  of  London,  and  to 
other  cities  in  England,  on  goods  exported  therefrom.f 

In  Ihort,  to  enumerate  the  invidious  .diftinctions 
between  Englifh  fubjecls  and  foreigners,  in  relation 
to  commercial  advantages  in  Great -Britain,  vi^ould  be 
to  tranfcribe  fome  pa^es,  at  lead,  from  their  Englifh 
rate  books  ;  and  to  talie  up  more  time  and  attention 
than  is  neceffary  for  the  prefent  purpofe  :  fufficient  is 
it  to  fay,  that  the  afts  and  ftatutes  of  the  Englifh  Par- 
liament are  well  calculated  to  procure  to  the  Englifli 
merchants,  the  factorage  upon  foreign  merchandizes, 
to  exclude  foreigners  from  participation  in  any  of  the 
advantages  of  her  internal  commerce,  and  to  fecure 
her  markets,  exclufively,  to  her  own  citizens,  againft 
foreign  interference,  by  prohibiting  fuch  articles  of 
foreign  growth  or  manufacture,  which  interferes  with 
her  own.  It  is  by  recurring  to  the  principles  of  thefe 
laws,  and  by  carrying  them  into  practice,  that  the 
United  States  will  be  able  to  obtain,  promote,  and 
fecure  their  own  profperity,  and  at  the  fame  time,  to 
retaliate  the  difadvantages  they  experience,  from  the 
felfifli,  commercial  policy  of  Great-Britain. 

If  what  has  been  already  fuggefted,  does  not  fully 
ftate  the  principles  of  the  Englifti  regulations  of  com- 
merce ; 

■f  Tliere  are  no  lefs  than  nine  diftindt  tables  of  prohibited  articles  in 
the  Englifh  rate  books,  each  containing  a  long  lift  thereof,  under  the 
diftinft  heads  of, 

I.  Goods  prohibited  to  be  imported  into,  or  exported  from  Great- 
Britain. 

3.     Goods  prohibited  to  be  imported  for  fale. 

3.  Goods  prohibited  to  be  imported  without  licenfe  from  his  Majefty. 

4.  Goods  prohibited  to  be  imported  for  fale,  unlefs  made  and 
wrought  in  Ireland. 

5.  Goods  prohibited  for  fale  by  ftrangers,  or  aliens. 

6.  Goods  prohibited,  appertaining  to  particular  crafts. 

7.  Ditto,  except  in  particular  weights,  packages,  or  under  other 
reftri<5tions. 

8.  Goods  prohibited  to  be  exported. 

9.  Qualified  prohibitions  upon  wheat,  &c.  as  before  ftated. 


[       «7       ] 

merce  ;  if  the  details  produced,  do  not  corroborate 
thofe  principles,  nor  fatisfaclorily  evince  their  injuftice, 
:ind  inequality,  the  annual  balance  of  trade,  in  favour 
of  Great-Britain,  will  give  force  to  their  tendency,  and 
muft  convince  every  unprejudiced  mind,  that  means 
more  efFeclual,  than  thofe  already  devifed,  are  neceffar)' 
toplace  the  commerce  of  the  two  countries  upon  a  more 
equal  footing  than  the  one  on  which  it  now  ftands. 

If  there  is  a  principle  of  commercial  intercourfe, 
which  can  neither  be  controverted  by  argument,  nor 
denied  with  reafon  ;  if  there  is  a  predominating 
maxim,  diftinguiflied  as  a  juft  rule  of  commercial 
tranfadtion  ;  it  is,  that  a  commerce  is  beneficial^,  or  perni- 
cious^ in  proportion  to  the  balances  paid  and  received  by 
the  refpehive  countries  carrying  it  on.  The  commercial 
intercourfe  betweeir^ngland  and  Ruffia,  for  example, 
has  been  the  theme  of  much  Engliih  Parliamentary 
difcuffion,  if  not  of  political  lamentation  and  grief,  in 
confequence  of  the  annual  balance  of  half  u  million 
fterling,  paid  in  favour  of  Ruffia,*  by  the  imports 
therefrom  exceeding  the  exports  thereto,  by  that  fum. 
The  annual  balance  of  two  hundred  and  forty  thou- 
fand  pounds  fterling,!  in  favour  of  the  United  States, 
in  their  commercial  intercourfe  with  the  Englifh 
Weft-Indies,  was  taken  SINGLY,  by  the  Engliflt 
minifter,  to  determine  the  policy,  of  prohibiting  and 
reftricling  the  commerce  of  the  United  States  to  thofe 
iflands  ;  although,  if  taken  coUedively,  into  one  com- 
prehenfive  and  liberal  view,  the  conceffion  of  the 
Weft-India  trade,  and  many  others,  in  the  European, 
would  have  been  proper,  on  the  part  of  Great-Brit- 
ain ;  and  even  then,  would  not  have  been  equiva- 
lent to  the  immenfe  advantages  flie  derives  from  the 
commerce  of  the  United  States.     Commerce  is  the 

interchange 

*  Balance  of  trade  in  favour  of  Ruffia,  agalnft  Great-Britain,  in  the 
year  1749,  was  1,012,209  rubles,  at  4/z  each,    ;(^.256,95o-i6-8  fterling. 
In  the  year  1773,  the  balance  was        653,983-1 7-a    do. 

1785,  ditto,  1,372,689-16-0     do. 

See  Anderfon  on  Commerce,  vol.  3,  p.  275  j  vol.  4.  p.  604. 

f  See  Brian  Edwards's  pamphlet  on  the  comnierce  of  the  United 
Stato  with  the  Engliih  Weft-India  iflands. 


C       »8       ] 

interchange  of  the  products  of  one  country,  for  thofe 
of  another  ;  the  advantages  are  reciprocal,  when  the 
one  receives  as  much  of  the  other,  as  it  gives  of  its 
own  products  in  exchange  ;  but  if  the  exchanges  are 
unequal,  in  proportion  to  their  excefs,  they  become 
beneficial  to  the  one,  and  injurious  to  the  other. 
From  hence  arife  the  advantages  or  difadvantages  of 
the  balance  of  trade,  which,  if  infidioufly  or  art- 
fully procured  on  the  one  fide,  ought  to  be  retaliated 
and  counteracted  on  the  other. 

Among  the  feveral  means  which  have  been*fug- 
gefted,  to  afcertain  the  balance  of  trade,  between 
countries  having  commercial  intercourfe,  two  ways 
feem  to  have  a  preference  ;  although  thefe  are  not 
without  their  objections  ;  the  one  is,  by  cuftom- 
houfe  dockets  ;  the  other,  by  the  price  and  value  of 
bills  of  exchange.  It  appears,  by  the  Englifh  Itate- 
ment  of  imports  and  exports  for  the  year  1773,  that 
there  was  paid,  by  the  United  States  to  Great -Brit- 
ain, a  balance  of  ;f  .610,184-12-5  fterling  ;  viz. 

1773.  Imports.  Exports. 

New-England,  ;^.  124,624-19-6  C 5^7^os 5-1 5-10- 
New- York,  76,246-12-0        289,214-19-07 

Pennfylvania,  36,652-08-9        426,448-17-03 

Virginia  &  Maryland,  589,803-14-5  328,904-15-08 
Carolina,  456,513-08-4        344,859-09-01 

Georgia,  85,391-01-8  62,932-19-08 

i»369»232-o4-8     1,979,416-17-01 
Deduct  1,369,232-04-08 

Balance      ;,r.  6 1  o,  1 84- 1 2-05 

See  Anderfon  on  commerce,  vol.  4,  p.  170. 

The  cuftom-houfe  dockets  of  the  United  States,  al- 
lowing no  frauds  to  have  been  committed  upon  the 
revenue,  by  evading  the  duties  upon  importation,  (a 
circumftance  almoft  impoflible  to  fuppofe),  the  bal- 
ance of  trade  in  favour  of  Great-Britain,  the  year 
preceding  the  30th  of  Sept.  1790,  was  5,922,012  dol- 
lars J  the  whole  amount  of  the  exports  to  the  Britifh 

dominions. 


C     29     ] 

dominions,  ha\'ing  been  9,363,416  dollars  ;  and  the 
imports  therefrom,  15,285,428  dollars. 

With  reipecl  to  the  rates  of  exchange  between  the 
two  countries,  they  have  been  corroborative  of  the 
balance  of  trade  being  againft  the  country,  which 
have  varied  from  two  to  nine  per  cent,  above  par  ; 
as  will  appear  by  the  fchedule,  herewith  annexed, 
which  has  been  taken  from  the  books  of  perfons,  who 
have  been  in  regular  habits  of  purchaling,  and  re- 
mitting bills  of  exchange,  fince  the  year  1783,  for  the 
purpofe  of  paying  for  Britilh  manufactures. 
Schedule  of  the  Rates  and  Value  of  Bills  of  Exchange, 

at  fixty  Days*  Sight,  drawn  upon  London,  fince  the 

American  Revolution,  viz. 


1784. 

November, 

May, 

November, 

2  per 

2 
4i 

cent, 
do. 
do. 

above  par, 
do. 
do. 

1785. 

May, 
November, 

2 
6 

do. 
do. 

do. 
do. 

17I6. 

May, 
November, 

4 

do. 

do. 

do. 
do. 

1787. 

May, 
November, 

4i 

do. 
do. 

do. 
do. 

1788. 

May, 
November, 

4f 
4i 

do. 
do. 

do. 

do. 

1789. 

May, 
November, 

4i 
4i 

do. 
do. 

do. 
do. 

1790. 

May, 
November, 

34 

3T 

do. 
do. 

do. 
do. 

1791. 

May, 
November, 

44 
34 

do. 
do. 

do. 
do. 

1792. 
1793' 

May  and  November,   at  par. 
May,                                     do. 
November,                        do. 

1794. 

May, 
November, 

4  per 
6 

cent, 
do. 

above  par. 
do. 

1795 

May, 
November, 

9 

4 

do. 
do. 

do. 
do. 

1796. 

May, 
November, 

2 

do. 
do. 

do. 
do. 

C       3°      1 

It  is  obferved,  that  much  is  to  be  inferred  from  the 
{late  and  condition  of  the  people,  in  relation  to  the 
general  balance  of  trade  ;  *  if  the  people  are  generally 
employed,  and  their  affliirs  profperous  ;  if  the  feveral 
profeflions  and  callings  find  ready  vent  for  their  la- 
bour, that  fuch  circumflances  are  a  ftrong  fymptom 
of  a  favourable  balance  :  but  this  is  a  fuggeftion  very 
little  to  be  depended  on,  as  it  has  applied  to  the 
United  States,  fmce  the  adoption  of  the  Federal  Con- 
Hitution  ;  for  the  renovation  of  public  credit,  by 
funding  the  debts  of  the  United,  and  of  the  individual 
ftates,  produced  fuch  an  efFeft,  by  the  introduction  of 
near  eighty  millions  of  dollars  into  circulation,  that 
the  relation  of  perfonal  to  real  property  became  fud- 
denly  altered,  and  thereby  the  means  of  induftry  ex- 
tended, and  the  value  of  lands  and  other  property 
greatly  enlarged  ;  but  thefe  circumftances  were  no 
evidence  of  a  more  favourable  commercial  relation 
to  foreign  nations  ;  for  the  increafe  of  wealth  did  not 
fpring  from  induftry,  nor  from  new  improvements  in 
arts,  manufactures,  or  commerce,  but  from  the  eftab- 
lifhment  of  public  credit,  of  banks,  and  from  the  cre- 
ating of  artificial  capitals,  on  which  were  predicated 
fome  ufeful  fchemes,  but  many  pernicious  fpecula- 
tions,  injurious  to  commerce,  manufactures  and  agri- 
culture ;  and  has  hitherto  added  little  or  nothing  to 
the  advantage,  or  independence  of  the  country,  in  re- 
lation to  forei2:n  nations.  But  when  we  have  had  fo 
unfavourable  a  balance,  fo  immenfe  m  its  amount, 
when  applied  to  Great-Britain,  that  the  demand  for 
Britilh  manufactures,  inftead  of  relaxing,  has  acquired 
force,  from  our  commercial  policy  :  that  the  manu- 
fa(^ures,  which  had  grown  up  under  the  reftric^ions 
and  prohibitions  of  the  feveral  ftates,  had  been  grad- 
ually expiring  ;  whereby  the  intermediate  relations 
between  hufbandmen  and  merchants  have  almoft 
wholly  fubfided  :  that  what  had  been  called  protect- 
ing duties,  whether  arifing  from  infufficiency  in  their 

execution, 

■  *  See  Anclerfon  on  commercf . 


C     3"     3 

execution,  or  inadequacy  in  their  provifion,  had  af- 
forded neither  fecurity  nor  protection  ;  or  from  what- 
ever caufe,  a  plain,  obvious  fact  is  manifeft  ;  that  the 
maniifadures  of  the  United  States  are  ?iow  reduced  to  a 
lower  Ji  ate,  than  they  have  been  at  any  former  period.     No 
doubt,  fome  of  thofe  inconveniences  are  to  be  attri- 
buted to  the  war  in  Europe  ;  but  it  muft  be  remem- 
bered, that  the  inconvenience,  attendant  on  the  paper 
fyftem  of  the  United  States,  from  the  nature  of  it, 
was  to  reduce  the  value  of  fpecie,  by  cauiing  an  arti- 
ficial repletion  ;  the  effect  of  which,  was  to  raife  the 
price  of  labour,  and  of  the  ncceflaries  of  life,  and  of 
courfe  to  difcourage  our  own  manufaclures,  by  render- 
ing their  competition  more  favourable  to  foreigners. 
The  fitnefs  and  propriety  of  commercial  intercourfe 
depends  on  calculation,  and  minute  inveftigation  of 
advantages  and  difadvantages  :    To  fuppofe  that  an 
object  of  fuch  importance  ought  to  reft  merely  on 
the  cafual,  tranfient  information  of  the  members  of  a 
Legillature,  would  feem  improper  ;  or,  at  leaft,  it  has 
been  deemed  fo,  by  the  Britifli  nation,  as  long  ago  as 
Cromwell's  time,  (1665),  when  a  board  of  commif- 
fioners    of   trade    and   plantations   was   eftabliilied  ; 
which,  although  afterwards  laid  down  for  a  time, 
was  revived  in  the  year  i696,under  the  adminiftration 
of  King  William.     To  this  board,  the  Britifh  nation 
owes  its  principal  commercial  profperity  :   its  bufinefs 
has  been,  from  time  to  time,  to  recomm^end  altera- 
tions in  the  trade  laws  ;  to  ftate  "  favourable,  or  un- 
favourable balances  of  trade,  with  foreign  nations  ; 
and  to  receive  propofals  for  the  eafe  and  improvement 
of  navigation,  manufaclures,  and  commerce."    By  the 
conftitution  of  the  board,  it  was  to  confift  of  mem- 
bers, having  a  "  thorough  knowledge  of  the  general  Jiate, 
hijlory,  and  interejis  of  commerce.     How  far  an  eftab- 
lilliment  of  this  fort,  would  be  worth  the  confidera- 
tion  of  our  government,  is  not  the  prefent  inquiry, 
any  further  than  to  fliew,  that  the  navigation,  man- 
ufactures, and  commerce  of  a  country,  and  the  pla- 
cing 


C       3^'     ] 

cing  them  in  a  juft  relation  to  each  other,  and  to  for- 
eign  nations,  are  objects  of  the  higheft  importance, 
demanding  the  attention  of  government,  particularly 
in  relation  to  the  policy  of  fuch  nations,  with  which 
we  have  unfavourable  balances. 

There  are  writers,  among  whom  is  Mr.  Hume,*  who 
tave  fuppofed,  that  the  received,  if  not  eftablifhed 
opinions,  in  refpect  to  balances  of  trade,  were  errone- 
ous, and  without  foundation  ;  and  that  fuch  balances 
would  find  their  own  level  :  that  the  precious  metals 
were  no  other  than  merchandize,  which  would  have 
a  value  with  regard  to  commodities,  or  other  proper- 
ty, in  proportion  to  their  plenty  or  fcarcity  :  that  if 
money  was  more  plenty  than  other  property,  it  would 
be  of  a  lefs  comparative  value  ;  and  that  if  commodi- 
ties, or  other  property,  were  plentier  than  money, 
that  it  would  be  of  a  comparative  greater  :  that  if  a 
country  had  accidentally  loft  the  greater  part  of  its 
circulating  medium,  that  the  remaining  quantity 
would  ftill  be  a  mean  of  transferring  property,  at 
a  proportionably  lefs  price  :  and  that,  therefore,  a 
nation  had  nothing  to  do,  but  to  attend  to  its  induftry, 
and  that  trade  would  balance  itfelf.  However  plauii- 
ble  and  folacing  this  theory  is,  and  however  well  in- 
tended it  may  have  been,  for  the  people  and  times  in 
w^hich  it  was  fuggefted,  the  government  of  England 
never  thought  the  principle  worthy  of  their  atten- 
tion, but  aims  at  preferving  a  general  balance  in  its 
favour  ;  and  confiders  every  trade  pernicious,  which 
carries  a  balance  againft  her  ;  and  the  more  fo,  in 
proportion  to  the  increafe  of  fuch  balance.  ProfelTor 
Smith  concurs,  in  fome  points,  with  Mr.  Hume,  in 
regard  to  balances  of  trade ;  but  confeiTes,  that  there 
is  a  balance  of  "  produce,  and  confumption,  which, 
"  as  it  happens  to  be  either  favourable  or  unfavour- 
"  able,  neceffarily  occafions  the  profperity  or  decay  of 
**  a  nation  ;"  "  if  the  exchangeable  value  of  the  an- 
"  nual  produce,"  fays  this  excellent  writer,  "  falls 
'*  fliort  of  the  annual  confumption,  the  capital  of  the 

*  See  yth  eflay,  vol.  a.  "  foCiety 


t      33      3 

**  {bcicty  muft  annually  decay  in  proportion  to  this 
*'  deficiency.*'  * 

But  admitting  Mr.  Hume's  polition  to  be  true,  in 
an  abftracl  view,  it  does  not  follow,  that  trade  ought 
to  be  left  to  itfelf,  and  to  the  cotnmercial  impofitions, 
that  other  nations  may  put  upon  it  ;  for  a  commer- 
cial law  extends  beyond  the  jurifdidion  of  the  gov- 
ernment making  it  :  it  may  go  to  the  denying,  cur^. 
tailing,  or  extending  the  privileges  of  other  nations  ; 
even  to  the  giving  a  preference  of  one  nation  to  an- 
other. In  proportion  as  fuch  a  law  limits,  reftricls, 
or  denies  commercial  intercourfe  to  other  nations, 
the  aflumed  jurifdidion,  if  unretaliated,  becomes  per- 
nicious and  injurious.  In  this  cafe,  a  commercial, 
may  have  the  effecl  of  a  political  law,  operating 
either  upon  other  nations  generally,  or  to  extend  the 
power  of  one  ftate,  whilft  it  may  be  a  mean  of  de- 
preffing  that  of  another  :  it  may  give  advantages, 
with  or  without  receiving  equivalents  ;  it  may  deny 
benefits,  when  more  thah  equivalents  are  beftowed,  i£ 
the  nation  receiving  the  difadvantages,  will  permit 
them  :  but  if  the  reftrictive  operation  of  the  law  fhould 
be  retaliated,  as  it  ought  to  be,  the  commercial  inter- 
courfe might  diminifti,  or  be  fufpended  for  a  time, 
until  both  parties  ihould  find  it  convenient  to  make 
mutual  conceffions.  Since,  by  regulating  trade  then, 
it  may  be  fo  contrived,  as  to  produce  favourable  or 
unfavourable  balances,  fo  a  nation,  for  the  moft  part, 
paying  an  unfavourable  balance,  may  moft  commonly 
conclude,  that  in  cafe  of  its  taking  place,  it  arifes  from 
unjuft  and  felfifh  trade  laws  in  other  nations,  V/hich 
require,  and  ought  to  be  retaliated.  For  one  of  three 
thiflgs  muft  neceftarily  refult  from  an  unfavourable 
balance  of  trade,  when  the  commodities  imported  are 
confumed,  and  are  not  re-exported,  i.  The  fpeci6 
muft  either  be  exported,  to  pay  the  unfavourable  bal- 
ance : — or,  2.  it  muft  be  made  up  from  the  excefs,  in 
the  commerce  with  other  ftates  ; — or,  3.  it  inuft  re- 
main a  debt  againft  the  country.  With 

*  SrftJth  on  the  wealth  of  nations,  vol.  a.  chap.  3d.  part  ad.  page  ao8. 

F, 


E       34       ] 

With  refped  to  the  firft,  whatever  may  have  been 
faid  by  Mr.  Hume,  that  a  chxulating  medium  will 
regulate  itfelf,  and  that  no  country  need  be  apprehen- 
five  from  its  exports,  whilfl  it  has  population,  and  the 
means  of  induftry  ;  yet  every  flate  muft  feel  appre- 
henfive  for  its  fafety  and  welfare,  from  depreciating 
the  value  of  property,, in  relation  to  the  precious  met- 
als, when  fuch  changes  are  known  to  lay  the  founda- 
tions of  injuftice,  and  to  produce  diftruft,  diforder,  and 
confufion  in  every  country.  For  example,  we  need 
but  to  retrace  events  a  few  years  back,  in  our  own 
country,  to  know  the  caufe  and  effect  of  the  lofs  of 
our  circulating  medium.  The  heavy  balances  due  to 
Great-Britain,  from  cutting  off  our  ufual  remittances, 
by  her  commercial  regulations,  produced  the  uneafi- 
neffes,  diftrufts,  and  confulions  of  the  year  1786.  The 
people,  who  had  contracted  debts,  and  made  promifes 
of  fpecie  at  one  rate  of  value,  found  themfelves.  utterly 
unable,  from  its  undue  exportation,  to  fulfil  them  at 
another,  i.  e.  an  enhanced  one,  arifing  out  of  its  fear- 
city  ; — for  inftance,  he  who  had  bought  a  hundred 
bufhels  of  grain,  and  gave  his  note  for  it,  at  a  given 
price,  payable  at  an  advanced  period,  fay  twelve 
months,  found  that  it  would  require  more  than  double 
the  quantity  of  grain  to  difcharge  his  note.  In  ihort, 
fuch  were  the  diforders  introduced  into  the  money 
tranfaclions  of  the  country,  through  this  fertile  fource 
of  public  calamity,  that  public  and  private  credit  were 
for  a  long  time  fufpended,  and  confufion  and  diiaffec- 
tion  to  government,  in  fome  inftances,  grew  out  of  the 
unfavourable  balances  of  trade,  grounded  on  Britifli 
regulations  of  commerce. 

With  refpedt  to  the  liquidating  an  unfavourable 
balance  of  trade  with  one  country  by  a  favourable  one 
with  another,  it  muft  be  confidered  as  a  mean  too 
precarious  and  uncertain  to  be  calculated  upon,  in  a 
lyftem  of  commercial  regulations  j  for  it  cannot  be 
expected  to  continue  longer  than  until  the  nations, 
with  which  we  have  favourable  balances,  fliall  become 

apprized 


I      35      ] 

apprized  of  their  fituatron  and  intei'eft.  For  inftance ; 
Can  it  rationally  be  expecled,  that  Fraince,  with  which 
we  have  had,  before  the  prefent  European  war,  a  more 
favourable  balance  of  trade  than  with  any  other  na- 
tion, amounting  to  2,068,348  dollars,  will  not  put 
farther  reftriclions  vpon  our  commerce,  or  demand 
an  equivalent,  in  fome  form  or  other  :  efpecially  when 
file  finds,  that  the  balance  fhe  pays  to  the  United 
States,  goes  to  feed  and  to  nourilh  the  commerce  and 
power  of  her  enemy  ?  Every  nation  ought,  then,  to 
expe6l  an  unequal  commerce  will  be  retaliated,  and 
that  it  wdll  be  reftrid:ed  asid  retrenched,  as  times  and 
opportunity  prefent. 

Although  there  was  a  balance  of  trade  of  ^2)5^97 5 
dollars,  in  the  year  1790,  againft  the  United  States, 
yet  it  has  been  faid,  that  it  has  been  fometimes  in  their 
favour  ;  but  a  little  reflection  upon  what  took  place, 
prior  to  the  prefent  European  war,  will  not  only  fhew 
the  fuggeftion  unfounded  ;  but  will  fufficiently  prove, 
that  unlefs  additional  protection  had  been  given  to 
the  commerce  of  the  United  States,  what  with  the  old 
debts  due  to  Great-Britain,  and  thofe  which  were  daily 
accruing,  there  was  much  reafon  to  fear,  that  the. 
Englifli  commerce  would, in  a  few  years,  have  abforbed 
the  greater  part,  or  all,  of  the  perfonal  property  of  the 
country  ;  as  the  infufficiency  of  the  exports  was 
made  up,  for  feveral  years,  out  of  the  public  fecurities, 
bank  ftocks,  and  an  extenfive  fale  of  our  wild  lands 
in  England  ;  and  although  thefe  operated  as  remit- 
tances to  a  vaft  amount,  comprehending,  as  it  has 
been  fuppofed,  one  half  of  the  national  bank  ftocks, 
and  one  third,  at  leaft,  of  the  public  debt  of  the  United 
States  ;  yet  the  concurrence  of  thefe  circumftances 
was  not  fufficient  to  reduce  the  price  of  bills  of  ex- 
change. If  thefe  then  are  fads,  and  that  they  are,  a 
reference  to  people  in  trade,  and  to  the  rates  of  ex- 
change, until  the  beginning  of  the  prefent  Europeaa 
war,  will  fully  evince  ; — muft  it  not,  then,  be  a  ferious 
caufe  of  alarm,  to  fee  the  fame  pernicious  commercial 

fyftem 


C     36     1 

fyftem  perfifted  in,  almoft  without  a  fuggeftion,  or  ant 
attempt,  to  retaliate  the  commercial  policy  of  England  I 
Well  might  the  Britifli  minifter  exult,  as  he  cjid,  m 
the  year  1790,  that  the  independence  of  the  Umtedi 
States  had  coft  nothing  to  Great-Britain  ;  that  fo  far 
from  its  proving  an  injury,  it  had  faved  the  heavy  ex- 
penfe  of  their  protection  ;  whilft  Great-Britain  had 
derived  greater  commercial  benefits,  from  the  United' 
States,  than  when  they  were  colonies  :  or,  in  other 
words,  that  the  American  independence  had  been,  and 
would  continue,  but  a  name,v/hilft  a  phyfical  depend- 
ence could  be  retained  by  commerce. 

If  the  power  of  regulating  commerce,  given  to  the 
United  States,  implies  an  obligation,  it  muft  have 
been  intended,  that  the  commerce  ftiould  be  fo  man- 
aged, that  the  annual  imports  fhould  not  exceed  the 
exports  ;  or  that  the  productions  of  foreign  countries, 
fliould  not  be  confumed  out  of  proportion  to  ther 
means  of  paying  for  them,  by  the  productions  of  the 
IJiiited  States  ;  for  any  thing  fhort  of  this,  is  not  the 
legulation,  but  the  mifmanagement  of  commerce  ; 
for  the  term  regulation  carries  with  it,  the  idea  of  a» 
juft  and  proper  method  of  management,  which  can-, 
|i,ot  be  the  cafe,  if  this  principle  is  unattended  to. 

Baron  Montefquieu  obferves,*  that  the  liberty  of 
commerce  depends  upon  its  reftraints  ;  that  it  does 
not  confijft,  on  the  one  hand,  in  an  unbridled  freedom 
to  traders  ;  nor  yet  in  unjuft  impolitions  for  the  fake 
of  revenue,  on  the  other  :  that  government  fliould 
fcind  neuter  between  its  commerce  and  reyenues,  and 
not  fuffer  the  interefts  of  the  latter  to  encroach  upon 
the  rights  of  the  former.  In  fliort,  f  the  law  maxim 
of  Jic  uiere  tuo,  ut  alienum  non  Iczdas^  feems  ftrongly  to 
apply,  both  as  to  the  individual  liberty  of  commerce, 
^nd  to  the  rules  and  regulations  neceflary  to  produce 
it  ;  on  the  extenfion  of  which,  muft  principally  de- 
pend the  public  economy  : — ^Public  economy  exadsj 

thatJ 

i-     *  Montefquieu,  book  ao,  chap.  la  and_i3. 
\  Kackftone,  book  3.  ch.  13.  vol.  3.  p.  ai?. 


E      37       ] 

tliat  the  public  income  lliould  not  exceed  the  public 
expenditure : — In  this  cafe,  the  annual  exports  are  the 
income,  and  the  annual  imports  the  expenditure  ; 
which,  if  the  regulations  of  commerce  do  not  con- 
trol, fo  that  the  latter  fliould  not  exceed  the  former, 
it  is  a  fure  mark,  that  the  commerce  is  not  fufficient- 
ly  reftrained.  The  impoft  laws  of  the  United  States 
ajlow  the  importation  of  eveiy  thing  from  abroad, 
whether  wanted  or  not,  on  payment  of  the  ftipulated 
duties  ;  but  to  allow  the  importation  of  fuch  articles, 
yrhich  we  do  not  want,  or  can  procure  amongft  our- 
felves,  muft  leffen  the  capacity  to  obtain  what  we 
actually  ftand  in  need  of.  If  we  expend  equally  in 
what  we  do,  and  do  not  want,  we  muft  have  a  redu- 
ced quantity  of  what  we  do  want,  by  the  amount  of 
the  expenditure  in  what  we  do  not  want.  To  leiTen 
foreign  importations,  then,  it  is  neceffary  to  prohibit 
entry  to  fuch  articles  as  we  can  raife  or  manufacture 
^mongft  ourfelves  in  fufficient  quantities,  to  fupply 
the  demand.  High  duties,  by  fome  called  proteding 
duties,  are  feldom  collected,  or  very  imperfectly  fo,  in 
countries  even  lefs  fidted  to  conceal  ftnuggling  than  the  United 
States  ;  from  whence  it  may  be  inferred,  that  prohi- 
bitions will  afford  greater  fecurity  to  American  manu^ 
factures,  than  what  are  c^ed  protecting  duties,  which 
ofier  temptation  to  fmuggling,  produce  little  or  no 
fevenue,  and  juftify  th^  fale,  ufe,  and  conlumption 
of  fuch  manufactures,  which  merit  an  exclufion. 
Sure  it  is,  that  means  more  effectual,  than  thofe 
which  have  been  hitherto  devifed,  are  neceffary  to  re-, 
duce  the  ruinous  and  growing  balance  of  trade, 
againft  tlie  United  States,  in  favour  of  Great -Britain. 
The  ftate  of  MalTgchufetts  i/rohibited  the  importation 
from  abroad,  of  many  articles  of  home  produce,  and 
manufacture,  in  the  year  1786,  which  had  a  benefi- 
cial effect,  as  to  feveral  of  the  articles  ;  for  whilft  the 
prohibition  fhut  out  foreign  importation,  fuch  was 
the  competition  produced  in  their  manufafture,  that 
many  of  the  articles  were  fupplied  at  a  lefs  price  than 

before 


C       3«       1 

before  their  importation  was  prohibited.  The  article 
of  nails,  particularly,  fell  from  feven  and  fix  pence, 
Maflachufetts  currency,  to  five  and  four  pence  per 
thoufand  ;  and  the  other  articles  of  iron  ware  in  a 
like  proportion  ;  whilft  the  general  prices  of  all  were 
not  enhanced  by  the  prohibition.  The  articles  pro- 
hibited by  Maiiachufetts  were  as  follows,  viz.  f 

*'  Loaf  fugar,  hats  made  of  fur,  hair,  and  wool,  or 
any  or  either  of  them  ;  boots  and  flioes  of  every  de- 
nomination, coaches,  and  all  other  riding  carriages, 
or  any  part  thereof,  and  harnefs  of  all  forts  5  fcyths, 
iron  fliovels,  hoes,  broad  and  narrow  axes,  flat  irons 
for  ironing  clothes,  anchors,  iron  and  brafs  ftoves, 
mill  faws,  faddles  and  bridles,  wool  cards,  cotton 
cards,  ready-made  millinery,  articles  of  drefs  of  all 
kinds,  plumes  and  artificial  flowers  of  all  kinds,  white 
and  blond  lace  of  aU  forts,  fans  charged  at  more  than 
five  (hillings  fterling  a  piece  in  the  invoice  exhibited, 
embroidered  patterns  for  waiftcoats,  or  for  any  other 
parts  of  drefs,  gold  and  filver  lace,  and  trimmings, 
women's  and  children's  ftays,  leather  gloves  and  mitts 
of  all  forts,  meflage  cards,  playing  cards,  hair  powder 
of  all  kinds,  pomatum,  and  all  kinds  of  perfumery, 
paper  hangings  and  children's  toys,  fpelling  books 
and  primers,  novels,  romances  and  plays,  whips, 
walking  canes,  horn  and  tortoife-fheU  combs,  por- 
ter, beer  and  ale,  butter,  cheefe  and  muftard,  cofiin 
furniture  of  all  kinds,  linfeed  oil,  candles,  fnufF  of 
all  kinds  of  manufactured  tobacco,  aU  kinds  of  wear- 
ing apparel,  and  wooden  houfehold  furniture,  except 
the  furniture  brought  by  perfons  who  fhall  come  to 
refide  in  this  country."*. 

There 

f  See  Maflachufetts  impoft  aft,  pafied  in  the  year  1786. 
*  TJie  following  articles,  with  the  quantities  annexed,  were  imported, 
and  paid  duties  to  the  United  States,  which,  it  is  conceived,  might  be 
moftly  prohibited,  with  fafety  and  advantage. 
[See  the  return  of  imports  for  the  year  1790,  publifhed  in  Tench 
Coxe's  view  of  the  United  States.] 
Beer,  ale,  or  porter,  in  calks,  70,564   gallons. 

Loaf  fugar,  1-31,837  pounds. 

Tallow 


[       39       ] 

There  is  little  doubt  but  moft,  if  not  all  t^tf 
foregoing  articles,  as  well  as  many  others,  might  be 
fupplied,  in  fufficient  quantities  to  anfwer  the  de-^ 
mands  of  the  citizens  of  the  United  States,  without 
foreign  importation.  Admitting  this  to  be  the  cafe, 
ought  not  fuch  articles  to  be  prohibited  ?  ought  not 
the  citizens  of  the  United  States,  who  are  taxed  by, 
and  fubmit  to  the  federal  and  Hate  governments,  to 
be  protected  in  their  profeiiions  and  callings,  againft 
foreign  interference  ?  is  it  not  bad  economy  for  a 
government,  acting  in  its  perfonal  capacity,  to  puf- 
chafe  what  it  does  not  want,  or  what  its  citizens  do, 
or  may  procure  of  themfelves  ?  is  it  not  as  reprehen- 
fible  to  permit  fuch  importations,  as  it  would  be  for 
a  farmer  to  allow  himfelf  to  purchafe  wheat  or  corn, 
when  he  had  the  moft  ample  means  to  procure  a  fuf- 
ficiency  of  both  ?  Abfolute  prohibitions,  therefore, 
upon  all  articles  of  foreign  importation,  interfering 
with  our  own  manufactures,  when  their  demand  can 
be  fupplied ;  increafmg  duties  upon  articles  imported, 
which  are  of  our  own  manufacture,  until  extinguifh- 
ed  by  prohibitions  ;  heavy  duties  upon  fuch  articles 
as  we  ought,  and  do  not  manufacture,  as  an  encour- 
agement to  tlieir  being  undertaken,  are  the  meafures 
purfued  by  Great-Britain  ;  and  the  means  the  moft 
likely  to  promote  manufa(5hires,  and  to  procure  a 
more  favourable  balance  of  trade.     But  ihould  the 

prefent 

Tallow  candles, 
Wax  and  fpermaceti  ditto, 
Cheefe, 
Soap, 

Nails  and  fpikes, 
Snuff, 

Tobacco  marvufa<ftured. 
Tarred  cordage, 
Untarred  do.  and  yam, 
Twine  and  pack-thread, 
Beer,  ale,  porter,  or  cider  in  bottles. 
Wool  and  cotton  cards, 
Coal, 

Shoes,  flippers,  &c.  of  leather, 
Do.         do.  of  filk  and  ftuffj. 

Boots, 


15>I57  ] 

4,224 
88,771 
24,120 

pounds 
do. 
do. 
do. 

1>579'947 
2,198 
3.18a 

do. 
do. 

do. 

a57C\vt.  a< 

ir.  5  lb. 

900          3      14 
609          2       8 
17,746    dozen 

780     do. 
181,885  bufhels 

49>oo3 

20,701 
746 

pair; 
do. 
do. 

C      40      3 

prefent  pernicious  fyftem  of  commercial  regulations  be 
unalterably  adhered  to,  and  the  produce  and  manufac- 
tures of  the  United  States  meet  no  farther  protection 
againft  foreign  interference,  \vould  not  the  feparate 
ftates  be  juftified  in  levying  an  excife  upon  fuch  im- 
pprted  articles^  which  produce  an  injurious  efFeft  upon 
their  refpedive  manufactures  ?  for  example,  why 
fliould  not  thd  farmers  of  the  United  States  be  entit- 
led to  the  exclulive  fale  of  their  produdions,  efpecially 
when  they  already  fuflPer  fo  many  inconveniencies  for 
the  want  of  eftabliftied  markets  ?  Why  then  fhould 
not  the  articles  of  beef,  cheefe,  porter,  beer,  and  other 
articles,  which  appertain  to  the  produce  of  the  foil,  be 
prohibited  ?  do  the  proted:ing  duties,  as  they  arc 
termed,  exclude  their  confumption  ?  on  the  contrary, 
are  not  large  fums  annually  expended  upon  fuch  im- 
ported articles  ?  do  they  not  produce  a  much  greater 
injury  from  their  importation,  than  the  revenue,  de- 
tived  from  them,  is  a  benefit  ?  may  it  not  be  aflted, 
why  thefe  articles  are  not  permitted  entry  into  Engs 
land  ?  and  whether  the  policy  of  protecting  the  inte- 
tefts  of  agriculture  and  manufactures,  in  its  principle, 
does  not  apply  as  ftrongly  to  the  United  States,  as  to 
Great -Britain  ?  The  belt  vent  for  the  productions  of 
every  country,  is  that  of  its  richeft  citizens,  who,  if 
fupplied  with  what  they  ufe,  through  foreign  nations,- 
muft  proftrate  all  efforts  to  improvement,  and  lelve 
td  the  native  farmers  and  artifans,  the  fupply  of  the 
poorer  citizens  only,  who  are  unable  to  purchafe,  but 
of  the  inferior  kinds.  It  is  by  prohibitions,  and  in 
the  expenditures  of  the  richer  citizens,  that  the  poorer 
are  to  be  maintained,  and  the  requilite  improvements 
in  arts  and  manufactures  are  to  be  expeCted  :  and  fliall 
government,  for  the  fake  of  retaining  duties,  imper- 
fectly collected,  indulge  luxury,  pride,  and  vanity,  at 
the  expenfe  of  the  public  welfare  ?  Are  the  fums  col* 
leCted  in  this  way,  to  be  put  In  competition  with  the 
interefts  of  the  great  body  of  hufbandmen  and  artifans 
of  the  United  States  ?  Are  they  to  be  put  in  oppofition 

to 


C       41       ] 

to  the  habits,  manners,  and  independence  of  the  coun- 
try ?  If  laws  are  intended  to  prevent  public  evils  ;  if 
the  impoft  laws,  particularly,  can  be  fo  conftrucled,  as 
to  leffen  luxury,  to  influence  manners,  and  to  induce 
habits  of  induftry,  economy,  and  moderation,  ought 
not  coniiderations  of  this  fort  to  have  weight  in  a  re- 
publican government  ?  Nations,  like  individuals,  fuf- 
fer  more  from  example,  than  by  the  natural  progrefs 
of  corruption.  Every  one,  therefore,  mutt  wilh, 
that  if  the  American  character  fliall  be  contaminated, 
it  fhould  refult  from  the  flow  progrefs  of  luxury, 
through  its  own  improvements,  rather  than  from  the 
corrupt  fources  of  the  tinfeled  fineries  of  Europe.* 

Another  obje<5t,  perhaps  of  no  lefs  importance  than 
what  has  been  before  intimated,  to  reduce  an  unfav- 
ourable balance  of  trade,  may  not  be  improper  here 
to  fuggeft  :  it  is  a  meafure  of  no  lefs  confequence  than 
to  fecure  the  commiflions,  or  factorage,  upon  the  fup- 
ply  of  our  own  markets  with  the  productions  and 
merchandizes  of  foreign  countries  :  and  it  is  conceiv- 
ed, that  no  better  fuggeftion,  for  the  purpofe,  can  be 
readily  offered,  than  mi  alien  duty  upon  goods^  wares,  or 
produdions  of  foreign  countries,  fhippcd  for,  or  configned  to 

any 

*  **  The  importer  of  foreign  luxuries  and  fineries  finds  it  greatly  for 
**  his  own  profit  to  encourage  a  fpirit  of  diflipation  and  extravagance 
"  amongft  all  ranks  of  people  ;  for  he  not  only  reaps  profit  on  them, 
*'  but,  in  the  mean  time,  he  knows  that  what  were  accounted  mere  fu- 
'<  perfluities  at  firft,  foon  become  neceflaries  of  life,  fo  that  this  trade 
"  will  increafe  with  the  increafing  demand  for  them  :  It  is  his  intereft, 
"  therefore,  and  will  be  his  ftudy,  to  promote,  as  far  as  he  can,  that 
*'  general  fpirit  of  extrawigance  and  diffipation,  which  is  the  moft  efFec- 
"  tual  bar  to  fober  induftry,  and  the  moft  certain  means  of  deftroying 
**  the  internal  felicity  of  every  individual  of  the  ftate.  In  confequence 
*'  of  this  fyftem,  the  people  foon  become  poor,  and  the  profits  of  the 
**  dealer  increafe  with  their  poverty  ;  how  abfnrd  then  is  it  in  mankind, 
**  to  eftimate  the  degree  of  improvement  of  a  country  by  the  richnefsof 
*'  its  merchants  !"     See  Andcrfon  on  national  induftry. 

"  Luxury  and  prodigality,"  fays  Sir  Jofiah  Childs,  "  are  as  well  pre- 
*•  judicial  to  kingdoms  as  to  private  families  ;  and  that  the  expenfe  of 
".foreign  commodities,  efpecially  foreign  manufa<5tures,  is  the  worft  ex- 
"  penfe  a  nation  can  be  inclinable  to,  and  ought  to  be  prevented  as 
"  much  as  poffible."  See  Sir  Jofiali  Childs's  preface  to  his  new  dif- 
courfe  upon  trade. 

F 


C        42        ] 

any  other ^  than  an  American  citizen  ;  and  that  no  draw^ 
back  jhould  be  allowed  upon  the  exportation  of  article s^  oth- 
erwife  Jloippcd  or  conftgned,  which  had  previoujly  paid  duty 
upon  importation  :  By  a  meafure  of  this  fort,  the  Unit- 
ed States  might  calculate  a  faving,  at  leaft,  of  two 
millions  of  dollars  annually,  which  the  commiflions 
upon  importation  and  exportation,  calculated  at  5 
per  cent,  with  incidental  charges,  would  at  leaft 
amount  to. 

American  merchants,  confidered  as  fuch,  in  relation 
to  their  country.  Hand  in  an  important  point  of  view  ; 
they  are  to  be  regarded  as  the  inftrumcnts  of  com- 
munication with  foreign  countries,  of  exciting  do- 
meftic  induftry,  of  diflufmg  profperity  and  wealth, 
and  of  holding  the  capitals  of  the  country,  to  be  re- 
curred to,  in  cafes  of  exigence  or  neceflity.  To  fup- 
pofe  that  perfons,  of  tliis  refpeclable  .clafs,  ought  not 
to  find  protection,  in  preference  to  thofc  of  foreign 
nations,  is  to  confider  that  foreign  merchants  are  not 
bound  by  ties  and  connexions,  which  attach  them  to 
their  native  country  ;  and  that  their  opinions  and 
fentiments  are  divefted  of  thofe  partialities,  which 
commonly  actuate  the  human  heart.  So  fully  do  the 
Englifli  laws  recognize  this  principle  of  attachment  to 
their  native  country,  that  they  fuppofe,  if  a  merchant 
fhall  even  aiTume  a  foreign  allegiance,  that  it  is  only 
"  local  and  temporary^*  and  that  his  natural  allegiance 
is  a  perpetual,  ad:uating  principle,  from  which  he  can- 
not be  withdrawn  without  the  "  concurrent  act  of 
the  government  to  which  it  was  firft  due."  *  This 
principle  of  the  Englifli  law  is  likewife  concurrent  to 
another,  quite  as  generally  received,  and  better  un- 
derftood,  which  is,  that  the  profits  obtained  in  commerce^ 
if  carried  on  by  foreigners,  will  he  expended  out  of  the, 
country y  in  which  they  were  procured. 

When  we  refled  upon  the  numerous  evils,  ariling 
from  the  profits  of  labour,  (which  moft  commonly 
center  in  commerce),  being  expended  out  of  the  coun- 
try,. 

*  See  Blackftone,  book  i.  chap.  10.  p.  370. 


r    43    ] 

tn%  to  which  they  properly  belong  ;  that  a  gradual 
poverty,  and  an  accumulating  mifery,  are  its  never 
failing  confequence,  as  may  be  exemplified  in  the  peo- 
ple of  Scotland  and  Ireland,  particularly  the  latter, 
where  their  wealth,  being  principally  expended  in 
England,  inftead  of  nourilhing  the  fources,  from 
whence  it  is  derived,  has  reduced  the  inhabitants  to 
the  loweft  ftate  of  beggary  and  WTCtchednefs.  In 
proportion,  therefore,  as  a  country  fuffers  its  com- 
merce to  be  carried  on  by  foreigners,  will  its  citizens 
become  deprelTed  and  impoverifhed.  *  Virginia,  the 
two  Carolinas,  and  Georgia,  afford  an  additional  ex- 
ample in  point,  where  Englifti  and  Scotch  merchants 
and  factors  carry  on  the  commerce,  and  retire  to  their 
native  country,  with  the  wealth  which  they  thereby 
acquire,  to  the  injury  of  thofe  dates.  To  fuppofe, 
then,  that  a  diftinclion  ought  not  to  be  made,  between 
American  merchants  and  thofe  of  other  countries  ; 
and  that  the  difabilities  of  foreign  merchants  ought 
not  to  be  increafed  in  the  United  States,  when  fo  many 
inconveniencies  muft  arife  from  the  eftablilhing  of  a 
foreign  influence,  from  the  transferring  the  profits  of 
commerce  to  a  foreign  country,  and  from  withdraw- 
ing the  credits  and  capitals  from  the  country,  at  a 
time  of  exigence,  or  of  war,  when  they  may  be  moft 
needed,  is,  in  every  point  of  view,  a  proftration,  both 
of  national  and  commercial  policy.  For  this  purpofe, 
additional  and  fpecial  impediments  fliould  be  thrown 
in  the  way  of  naturalizing  merchant  fi:rangers,in  order 
to  procure  the  preferences  and  advantages  herein  con- 
templated. When  we  conlider  the  numerous  difabili- 
ties of  foreigners,  carrying  on  trade  in  Great-Britain, 
the  commercial  impofitions  to  which  they  are  fubjeft, 
and  the  reftraints  which  meet  them  in  every  direc- 
tion : — that  refidence  procures  no  remifiion  to  thofe 
reftraints,  except  in  the  Britifh  plantations*  : — and 
even  Ihould  they  procure  letters  of  enfranchifement, 

the 

*  The  colonial  aflemblies  were  authorized  to  naturalize  foreigners  of 
good  charadler,  after  a  refidence  of  feven  years.  13  Geo.  a.  ch.  7-  ao 
Geo.  a.  ch.  24.  and  %  Geo.  3.  ch.  25. 


[        44        3 

the  commercial  difabilities  ftill  follow  them,  until  they 
can  find  influence  fufficient  to  obtain,  at  a  great  ex- 
penfe,  a  ipecial  acl  of  naturalization  in  their  favour,* 
which  cannot  be  fuftained,  in  either  houfe  of  parlia-. 
ment,  without  a  difabling  claufe,  declaratory,  "  that 
*'  they  can  neither  be  ihenifehes  ?nembers  of  the  privy  coun- 
**  cil,  nor  of  either  houfe  of  parliament,  nor  hold  any  office  of 
*'  irufi,  civil  or  military,  nor  capable  of  any  grant  from  the 
**  crown  : — when  we  compare  thefe  difabilities  with 
the  liberties  and  privileges  of  Englifh  merchants  and 
factors  coming  to,  and  trading  in  the  United  States  ; 
when  we  compare  them  with  the  eafe,  facility,  and 
advantages  of  EngUflimen,  becoming  naturalized  A- 
merican  citizens,  every  one  is  left  to  wonder  at  the 
motives,  the  policy,  and  inducements,  which  author- 
ize the  difparity. — In  fhort,  there  feems  to  be  little 
lefs  than  a  communion  of  commercial  benefits  on  the 
one  fide,  againft  limitations,  reftriclions,  taxes  and 
prohibitions  on  the  other  ! 

With  refpecl  to  the  relative  lituation  of  the  two 
countries,  in  regard  to  navigation — the  laft  divifion  of 
our  fubjecl— »in  order  to  place  it  fairly  before  the  pub- 
lic, it  may  not  be  improper  to  recite  a  few  claufes 
from  feveral  principal  ftatutes  of  the  Britifti  parlia- 
ment, viz.  from  an  act  entitled,  "  An  ad  for  the  en- 
couraging and  increafmg  of  fliipping  and  navigation," 
"  An  acl  for  the  encouragement  of  trade,'*  and  from 
other  acts  fupplementary  thereto. 

The  firft  of  thefe  ftatutesf  enacts.  Section  i.  "  That 
*'  no  goods  or  commodities  whatfoever  fhall  be  im- 
"  ported  into,  or  exported  out  of  any  lands,  iflands, 
"  plantations,  or  territories,  to  his  majefty  belonging, 
"  or  in  his  pofTeflion,  or  which  may  hereafter  belong 
"  unto,  or  be  in  the  pofTeflion  of  his  majefty,  his  heirs 
"  and  fucccflbrs,  in  Afia,  Africa,  or  America,  in  any 
'*  other  fhips,  vefTel  or  veflels  whatfoever,  but  in  fuch 
**  Ihips  or  veflels  as  do  truly,  and  viithout  fraud,  be- 
long 

*  See  BJackftone,  vol.  i.  p.  371  to  374, 
4-  13  Cha.  J.  ch.  ig. 


[     4s     3 

**  long  only  to  the  people  of  England,  or  Ireland,  do- 
*'  minion  of  Wales,  or  town  of  Berwick  upon  Tweed, 
"  or  are  of  the  built  of,  and  belonging  to,  any  of  the 
*'  faid  lands,  illands,  plantations  or  territories,  as  the 
"  proprietors  and  right  owners  thereof,  and  whereof 
*'  the  mafter  and  three  fourths  of  the  mariners,  at 
"  leaft,  are  Englifli,"  under  the  penalty  of  vefTel  and 
cargo. 

Seel.  3.  *'  Extends  the  fame  prohibition  to  all  goods 
or  commodities  whatfoever,  of  the  growth,  produdion 
and  manufacture  of  Africa,  Afia  or  America,  under  like 
penalties." 

Sect.  4.  "  Provides  that  no  goods  or  commodities, 
"  that  are  of  foreign  growth,  produd:ion,  or  manu- 
*'  fachire,  and  which  are  to  be  brought  into  England, 
"  Ireland,  Wales,  the  iflands  of  Guernfey  or  Jerfey,  or 
"  town  of  Bervxdck  upon  Tweed,  in  Englifh  built  fhip- 
*'  ping,  or  other  fliipping  belonging  to  fome  of  the  a- 
"  forefaid  places,  and  navigated  by  Englifli  mariners, 
**  as  aforefaid,  fliall  be  fhipped  or  brought  from  any 
"  other  place  or  places,  country  or  countries,  but  on- 
"  ly  from  thofe  of  the  faid  growth,  production,  or  ma- 
*'  nufacture,  or  from  thofe  ports  where  the  faid  goods 
"  and  commodities  can  only,  or  are,  or  ufually  have 
"  been  firft  fhipped  for  tranfportatipn,  and  from  none 
"  other  places  or  countries,'*  under  the  forfeiture  of 
velTel  and  cargo. 

Sect.  6.  "  That  from  henceforth  it  fhall  not  be  law- 
'*  ful  to  any  perfon  or  perfons  whatfoever,  to  load,  or 
"  caufe  to  be  loaden,  and  carried  in  any  bottom  or 
"  bottoms,  fhip  or  fhips,  vefTel  or  veffels  whatfoever, 
"  whereof  any  ftranger  or  ftrangers  born,  (unlefs  fuch 
"  as  are  citizens  or  naturalized),  be  owners,  part  own- 
*'  ers,  or  mafters,  and  whereof  three  fourths  of  the 
"  mariners,  at  leaft,  fhall  not  be  Englifh,  any  fifh,  vic- 
"  tual,  wares,  goods,  commodities  or  things,  of  what 
"  kind  or  nature  foever  the  fame  fhall  be,  from  one 
"  port  or  creek  of  England,  Ireland,  Wales,  iflands  of 
"  Guernfey  or  Jerfey,or  town  of  Berwick  upon  Tweed, 

"  to 


C     46     ] 

'^  to  another  port  or  creek  of  thefame,or  any  of  them," 
under  the  forfeiture  of  veffel  and  cargo. 

The  6th  Sedion  of  the  Acl  for  the  encouragement 
of  trade,  contains  the  following  prohibition.* 

"  That  no  commodity  of  the  growth,  production 
"  or  manufaclure  of  Europe,  fhall  be  imported  into 
**  any  land,  ifland,  plantation,  colony,  territory  or 
"  place  to  his  majefty  belonging,  or  which  fhall  here- 
'*  after  belong  unto,  or  be  in  pofTeffion  of  his  majefty, 
"  his  heirs  and  fucceflbrs,  in  Alia,  Africa,  or  America, 
"  (Tangier  only  excepted),  but  what  ftiall  be  bona 
"  fide,  and  without  fraud,  laden  and  fhipped  in  Eng- 
*'  land,  Wales,  or  in  the  town  of  Berwick  upon  Tweed, 
"  and  in  Englifli  built  ihipping,  &c.  whereof  the  maf- 
"  ter  and  three  fourths  of  the  mariners,  at  leaft,  are 
"  Englifli,  and  which  ftiall  be  carried  diredly  thence  to 
"  the  lands,  iflands,  plantations,  &c.  and  from  no  oth- 
'^  er  place  or  places  whatfoever,  under  the  penalty 
'^  of  the  forfeiture  of  goods  and  veflel.** 

In  addition  to  tlie  Sections  of  the  foregoing  Acts, 
the  following  claufes  are  taken  from  two  other  Acts, 
pafledin  the  26th  and  27th  years  of  the  prefent  King 
of  England,  ftnce  the  American  revolution,  fupplemen- 
tary  and  confirmatory  of  the  prohibitions  and  reftric- 
tions  of  the  afts  aforefaid,  as  they  refpecl  tfie  United 
States,  viz. 

"  That  no  fliip  or  veflfel  built  in  any  of  the  colonies 
*^  of  North  America,  now  called  the  United  States  of 
"  America,  during  the  time  that  any  act  or  afts  of 
"  parliament  made  in  Great-Britain,  prohibiting  trade 
"  and  intercourfe  with  thofe  colonies,!  was  or  were 
*'  in  force,  nor  any  ftiip  or  veflfel  which  was  owned 
"  by,  or  belonging  to  the  fubjecls  of  the  United  States, 
"  or  of  any  of  the  faid  States  refpeftively,  during  the 
"  exiftence  of  thofe  acts,  and  not  regiftered  before  the 
"  commencement  thereof,  is  or  ftiall  be  entitled  to  be 

regiftered 

*  15  Cha.  2.  ch.  7. 

•f  The  laws  prohibiting  trade  and  intercourfe  with  America  were  rc-» 
pealed  in  the  year  1783,%  23  Geo.  3d.  ch.  26. 


[       47       ] 

**=  regiftered  under  this  prefent  act,  or  to  any  of  the 
"  privileges  or  advantages  of  a  Britifli  built  fliip  or 
"  veffel,  unlefs  fuch  fliip  or  velTel  fliall  have  been  taken 
"  and  condemned  as  lawful  prize,  or  have  been  ftrand- 
"  ed,  fliall  have  been  built  or  rebuilt,  and  regiftered 
"  in  the  manner  heretofore  pradifed  and  allowed." 

"  From  and  after  the  ift  day  of  Auguft,  1786,  no 
"  fliip  or  veflel  fliall  be  deemed  or  taken  to  be  Britifli 
"  built,  or  enjoy  the  privileges  thereunto  belonging, 
"  which  fliall  from  thenceforth  be  rebuilt  or  repaired 
"  in  any  foreign  port  or  place,  if  fuch  repairs  fliall  ex- 
"  ceed  fifteen  fliillings  for  every  ton  of  the  faid  fliip  or 
"  veflel,"  except  to  enable  her  to  perform  the  voyage 
in  which  flie  fliall  then  be  engaged.     26  Geo.  3d  ch.  60. 

"  For  obviating  all  doubts  which  may  arife,  touching 
the  meaning  and  conftruclion  of  the  act  made  and 
pafled  in  the  26th  year  of  his  prefent  majefty,  for  the 
further  increafe  and  encouragement  of  fliipping  and 
navigation,"  Be  it  enacted  and  declared,  that  all  fliips 
and  veflels,  "  which,  by  faid  act,  are  declared  not  to 
*'  be  entitled  to  any  of  the  privileges  or  advantages  of 
**  a  Britifli  built  fliip,  or  of  a  fliip  owned  by  Britifli 
"  fubjects,  and  all  fliips  and  veflels  not  regiftered  ac- 
"  cording  to  the  directions  and  regulations  of  the  faid 
"  acts,  fliall,  although  fuch  fliips  and  veflels  may  be 
*'  owned  by  his  majefty *s  fubjects,  be  held  and  deem- 
"  ed,  to  aU  intents  and  purpofes,  as  alien  fliips,  and 
*'  fliall,  in  all  cafes,  be  liable  to  fuch  and  the  fame  pe- 
"  nalties  and  forfeitures  as  alien  ihips,  in  the  like  ca- 
"  fes,  are  or  fhaU  by  law  be  liable  to."  * 

Although  the  acts,  from  which  the  foregoing  claufes 
are  tranfcribed,  pafled  in  the  12th  and  15th  years 
of  the  reign  of  Charles  2d.  and  the  26th  and  27th  of 
George  3d.  yet  the  firft  act  was  produced  during 
Cromwell's  protectorfliip,  at  the  inftigation  of  Mr.  St. 
John,  who,  through  refentment,  from  an  unfuccefl^ 
fill  negotiation  with  which  he  had  been  charged  to 
the  ftates  of  Holland,  procured  its  adoption.  The 
policy  of  thefe  acts,  the  pride  ajid  boaft  of  Englifli- 

*  27  Geo.  3.  ch.  19.  men. 


C     48     ] 

men,  and  to  which  tliey  fliew  an  enthuliaftic,  if  not 
a  bigoted  attachment,  has  been,  and  is  ftill  confidered 
as  the  foundation  of  the  maritime  importance  of 
England.  Lord  Ha^kefborough,  in  his  difcourfe 
with  regard  to  neutral  nations,  calls  CromwelPs  acl 
"  A  NOBLE  Strain  of  Commercial  Policy,  which 
"  hath  proved  the  fertile  fource  of  all  the  naval  pow- 
"  er,  which  hath  operated  infenfibly  to  the  preferva- 
"  tion,  and  hath  been  the  fpring  from  whence  hath 
"  flowed,  the  wealth  and  greatnefs  of  England." 

How  far  this  noble  Jirain  of  commercial  policy  ought 
to  be  refifted,  or  harmoni2sed  with  ;  and  whether,  in 
the  poetic  language  of  the  noble  Lord,  the  United 
States  ought  to  echo  to  the  fong,  and  in  notes  refpon- 
five,  bear  up  its  lengthened  found,  let  it  be  the  ob- 
ject of  the  following  obfervations  to  examine. 

Admitting  the  advantages  of  navigation,  and  of  a 
carrying  trade,  to  be  unqueftionable,  as  a  mean  of 
wealth  and  defence,  which  will  fcarccly  be  denied  ;— 
a  commercial  intercourfe  ought  equally,  as  has  been 
already  fuggefted,  to  reciprocate  fuch  advantages  ; — 
and  the  benefits  received  ftiould  equal  thofe  which 
are  beftowed  :  But  the  inquiry  recurs.  What  is  the 
ftate  of  the  cafe,  as  it  refpects  the  important  fubject 
in  difcuflion  ?  It  is,  in  fad:,  that  in  the  year  end- 
ing the  ifi:  of  October,  1790,  the  United  States  al- 
lowed to  the  veflels  of  Great-Britain,  five  times  the 
direct  freightage  that  they  received ;  and  of  courfe, 
our  carrying  trade  contributed  to  the  wealth  and  de* 
fence  of  Great-Britain  in  the  proportion  of  four  parts 
in  five,  at  Icafi:,  of  what  it  did  to  the  advantage  and 
benefit  of  the  United  States  ! ! 

The  whole  tonnage  of  veifels,  on  which  duty  was 
paid  in  the  United  States,  in  the  aforementioned  year, 
was  761,710  tons,  of  which  there  were  belonging  to 
the  United  States  492,100  tons,  to  other  nations  269, 
610  tons,  of  which  Great-Britain  had  226,953  tons*: 

whereby 

*  See  Mr.  Jefferfon's  ftatement  toCongrefs  in  December,  1793.  AI- 
fo  Tench  Coxe's  view  of  the  United  States. 


t      49      ] 

t^hereby  Great-Britain  drew  for  the  freightage,  calcti- 
lating  but  one  trip,  or  two  paffages  to  the  veflels,  at 
the  mean  rate  of  fifty  fliillings  fterling  per  ton,  on 
each  paiTage,  1,134,765  pounds  fterling,  which  fum, 
if  rendered  into  dollars,  amounts  to  5,043,400  dol- 
lars, or  about  one  quarter  part  of  the  value  of  the  ex- 
ports of  the  Uniteid  States,  by  the  employment  Off 
eleven  hundred  and  thirty-four  fliips,  of  two  hundred 
tons  each  ;  which,  if  calculated  to  carry  twelve  men 
to  each  veflel,  employed  13,608  feamen  ;  whilft  the 
direct  freightage  of  American  veffels,  to  and  from  the 
Britifli  dominions,  employed  no  more  than  43,580* 
tons  of  fliipping,  leaving  the  immenfe  balance  of 
1 83,370  tons  in  favour  of  the  fhipping  of  Great-Brit- 
ain : — ^fo  that  the  relative  advantages,  on  the  employ- 
ment of  the  refpeftive  Ihips  and  feamen  of  the  two 
countries,  ftood  in  the  proportion  of  two  hundred 
and  eighteen  Ihips  to  eleven  hundred  and  thirty- 
four  :  in  feamen,  of  2,616  to  13,608— ^and  in  the 
value  of  freightage,  968,444  dollars  to  5,043,400, 
without  taking  into  view  the  advantage  of  freightage 
from  port  to  port,  permitted  to  Englifh  veffels  in  the 
United  States,  and  not  allowed  to  American  veffels  in 
the  Britifli  dominions,  which  muft  add  much  to  the 
already  too  glaring  difparity. 

The  whole  carrying  trade  of  the  Englifli  Weft4ndia 
iflands,  in  the  year  1772,  by  the  Britiih  accounts,  (fee 
ftatement  belowf),  including  that  part  of  it  which  was 

*  See  Mr.  Jcffsrfon's  ftatement.  participated 

f  "  An  acturate  abftraft  of  the  number  of  veflels,  tvhich  appears,  from  the  regiftevs 
of  fliipping,  to  have  been  cleared  from  each  refpeftive  Engli/h  ifland,  during  a  year 
of  great  export,  diftinguifhing  the  Britifli  from  American  built  fliipping^ 

Iflands.  Britifli  fliips.        Amer.  fliips.       Britifli  tons.        Amer.  tons. 


Jamaica^ 

145 

136 

26,906 

15,847 

Barbadoes, 

47 

13 

6,546 

1,172 

St.  Kitts, 

35 

20 

6,494 

2,310 

Antigua, 

a8 

22 

4>073 

2,290 

St.  Vincents, 

25 

9 

3,04» 

1,100 

Tobago, 

6 

3 

61J 

320 

Montferrat, 

ID 

9 

1,437 

1,043 

Nevis, 

18 

0 

2,851 

Grenades, 

51 

49 

7,717 

5.94» 

Dominica, 

3* 

ai 

3>933 

3>433 

Britiih, 

397 

aSz 

63,614 

Br 

Britifli. 


participated  in,  by  the  citizens  of  the  United  States, 
employed  96,07 1  tons  of  Clipping,  of  which  32,457 
tons  belonged  to  the  citizens  of  the  United  States, 
employing-three  hundred  and  eighty-two  American 
velfels,  with  their  complements  of  feamen. 

The  trade  to  and  from  the  United  States  to  New- 
foundland, employed  one  hundred  and  twenty-five  A- 
merican  vejQTels,  in  the  year  1771,  carrying  8475  tons, 
employed  chiefly  in  the  exchange  of  provifions  for  fifli, 
gf  which  they  purchafed  67,000  quintals,  being  about 
a  ninth  of  the  fifii  caught,  and  about  a  fifth  of  the 
tonnage  employed,in  the  Newfoundland  filhery,inthe 
tranfporting  the  fifti : — the  whole  tonnage;,  including 
that  of  the  United  States,  being  41,424  tons,  and  the 
whole  number  of  velfels,  five  hundred  and  four,  from 
which,  deducting  the  American  veffels  and  tonnage, 
left  379  Britifh  veffels,  the  tonnage  of  which  were 
32,949  tons,  as  will  appear  by  the  following  detail 
of  the  Newfoundland  fiihery  in  the  year  1771,  taken 

from 

Britifh,  397  63>6i4 

American,        aSz  32*457 


679  96,071 

Total  1772 

See  George  Chalmers'  opinions  on  public  law  and  commercial  policy, 
publiflied  in  the  year  1784. 

An  account  of  fugar  and  rum  imported  into  England,  from  March 
25  to  Odlober  19,  in  the  year  178-5. 


Ships. 

Calks  of  fugar. 

Caflcs  of  rum. 

Jamaicai, 

I3» 

48,615 

14,743 

Antigua, 

30 

13*505 

529 

St.  Kitts, 

30 

14,229 

62Z 

Barbadoes,, 

18 

7>2  75 

133 

Grenades, 

35 

11,841 

1,634 

Montferrat, 

S 

a>i59 

58 

Nevis, 

8 

3>974 

116 

Dominica, 

9 

3,601 

14 

St.  Vincent, 

zo 

4.273 

»5I 

Tortola, 

5 

2,110 

a4 

Tobago, 

6 

669 

54 

Total,  288  112,272  18,184 

See  Anderfon  on  commerce,  vol.  4.  page  602. 

N.  B.    Anderfon  makes  the  whole  Weft-India  tonnage,  in  the  year 
Ijij,  5%i  fliips,  123,581  tons,  outward,  and  132,222  tons  inward," 


r  5'    ] 

from  George  Chalmers'  opinions  on  intereftlng  fub- 
jcds  of  public  law  and  commercial  policy. 

<*  Britifh  fifliing  veflels,  of  which  ^  f:    (U' 

244  on  the  great  bank  filhing,  3  ^      ^  ' 

Britifh  trading  veflels,  no 

American  ditto,  125 

Total,      504  fliips. 
Tonnage  of  Britifli  trading  and 

filhing  veflels,  32,949  tons, 

ditto  American,  8  947  5 

Total,     41,424  tons. 
Number  of  men  in  the  Britifli  fifliing  veflels,447 7 
ditto  in  the  Britifli  trading  veflels,  1 1 1 8 

ditto  in  American  ditto,  865 

Fifliermen,  fliorefmen,  and  paflengers  ? 

from  Britain  and  Ireland,  3         5-5  9 

Inhabitants,  who  remained  during  7  fi     t 

the  winter,  3 


The  number  of  boats  employed  by 

fifliing  Slips, 
do.  yearly  from  Great-Britain  and  Ireland, 

and  having  no  fliare  in  veflels  fifliing  on 

the  great  bank. 
The  number  of  boats  employed  by  the 

inhabitants,  1178 


2288 


The  quintals  of  fifii  made  in  fifliing 
^.^P'\       ^  236,000^       .^^^^ 

ditto  m  bye  boats,  147,999  >   fi 

ditto  by  the  inhabitants,        261,2403    ^"^S^S^^ 

The  quintals  of  fifli  carried  to  foreign 
market,  580,204 

Tons  of  oil  exported,  2,846 

Tierces  of  falmon  exported,        1,248.'* 

With 


C     5«     3 

-cTVith  refped  to  th«  trade  to  Canada  and  Novar 
Scotia,  before  the  revolution,  it  might  have  employed 
about  five  thoufand  tone  of  American  {hipping,  which, 
if  taken  in  connection  with  the  advantage  the  United 
States  now  derive  from  the  diredl  trade,  in  American 
bottoms,  with  the  Englilh  Eaft-India  fettlements,  * 
amounting  to  J 155!  tons  ;  the  general  refult  of  com- 
parative a4vantages,  ixom  the  freightage  afforded,  by 
the  commerce  of  the  r^fpe<!tive  qountries,  admitting 
the  participation  of  benefits  before  the  revolution  to 
be  conlidered  as  data,  on  which  to  ground  an  opin- 
ion, of  what  would  -have  been  the  effed  of  a  more  libe- 
ral policy,  than  the  one,  which  has  been  purfued  by 
Greatr Britain,  in  the  admiflion  of  American  vcflels 
intb  hex  colonies,  upon  the  fame  footing  lincc,  as  he- 
for^  the  revolution,  would  probably  be  as  follows. 

I)r.  JStttifh  Ihipping  to  the  Cr.  American  (hipping 
Amer.  carrying  trade,  by  the  j&ritifti  direft 
calculated  upon  ao^ve'  carrying  trade,  to  an4 
rage  of  three  years,  viz.  from  the  Englifh  Eu- 
from  iftOftober,  1789,  ropean  dominions,  in 
to  "the  ill  of  0(flober,  the  year  1790,  viz.  43*580 
1792,  rfife  average  ton- 
nage of  which  years  is  211,199:};  »    n 

*lt  i«  true,  Great-Britain  licenfes  American  velTds,  contrary  to  her 
colonial  fyftem,  by  the  13th  article  of  the  treaty,  ifco  import  and  export 
dire^  to,  and  from  her  Eaft-India  fpttleroeots,  interdi^ing  all  freightage 
from  one  port  to  another,  but  under  the  exprefs  exception  of  fuch  articles, 
**  of  which  the  importation  or  exportation,  relpeftively,  to,  or  from  the 
♦*  faid  territories,  flJaJi  not  be  entirely  prohibited.'*  The  right  of  freight- 
age, panted  by  this  article,  is  a  limited  one,  and  may  be  wholly  re- 
ftrained'bythe  exprefs  ftipulation  itfelf ;  but  if  this  was  not  the  cafe,  the 
liberty  given  is  not  an  important  conceffion  in  favour  of  our  navigation, 
or  ctorylng  trade.  The  trade  will  em.ploy  but  few  veflels,  and  requires 
a  great  exportation  of  fp^ecic,  added  to  any  c^rgo  which  might  be  Clip- 
ped from  the  United  States,  to  afford  a  tolerable  freight  upon  the  little 
bulky,  »ndiijgh-piiced  manufa<ftures,  fuch  as  muflins,  calicoes,  &c.  of 
the  Eaft-India  fetttlenagnts. 

+  See'HpteXt's  fta|fen>£ot  of  Amsricaa  torumgc^or.  tbe^iBAr  1794.  Hwrfc^  )Pf . 
1:  The  Engl ifn   tonnage   ernployed   in  the  commerce  oftheTJnited 
States,  beginning  with  the  ift  Odlober,  1789,  ending  the  ift  of  O(3:ober, 
179a,  is  as  follows,  Tiz.^    1790,  2 1 6,9 14;  tons.  "1791,  310,618  do.  r79a, 
^06,965  do.  whole  ttujnbo"  633,597  tons.    Average,  211,199  tons. 

§  N.  B.  As  0»fene  feems  to  be  a  difference  in  the  tonnage  ftatements 
of  the  year  i79Pi,  nh.  in  that  made  by  Mr.  Tench  Coxe,  and  that  mads^ 
by  Joieph  Nourre,l4i«avaragein  this  account  is  made  upon  the  flat<" 
eaupt/thc  moft  favourable  to  Great-Britain,  viz.  Nourfc's. 


C       53       3 


43>5?» 


The  exportation    from  "j 
England  of    82,500  j 
iiogfheads   of  tobac-  j 
CO    to  France,   Hoi- } 
land,  Germany,   and 
te   the  northern  and 
foudiem  ftates  of  Eu- 
rope, the  freight,  f 

The  exportation  from" 
England  of  74,375 
cofts  of  rice,  import- 
ed from  the  United 
States,  and  exported 
as  above,  the  freight  J , 


Loft  to  the  United' 
States  by  the  Eng- 
jifh  regulations  of 
commerce  in  the  car- 
rying trade  to  and  ^  3^>457 
from  the  Englilh 
Weft-India  iflands, 
being  before  the  re- 
volution. 

Ditto  in  the  New- 
foundland trade,  8,475 

Ditto  in  theCanada  and 

Nova-Scotia  trade,(fay)  5,000 

Gained  by  the  treaty 
in  the  Eaft-India 
trade,  1,155 


Tons,     211,199      Balance  againft  the  U- 
jiited  States, 


90,667 

120,532 

211,199 

But  to  extend  the  foregoing  calculations  farther, 

let  us  fuppofe  the  worft  of  the  cafe,  as  it  refers  to 

Great -Britain,  which  wovld  be  to  admit  that  the  vef- 

fels  of  the  United  States  fliould  have  permiffion  to 

enter 

f  The  imports  into  Great-Britain  from  Virginia  and  Maryland,  be- 
fore the  American  war,  were  96,000  hhds.  of  tobacco,  of  which  13,500 
>vere  confumed  at  home,  and  the  duty  on  them,  at  £a6  i/each,  amount- 
ed to  j(;35i, 675  ;  the  remaining  82,500  hhds.  were  exported,  by  our 
merchants,  to  different  parts  of  Europe,  and  brought  a  great  deal  of  mo- 
ney into  this  kingdom.  This  trade  alone  conftandy  employed  330  fhips, 
and  3960  failors.     See  Anderfon  on  commerce,  vol.  4.  p.  187. 

J  Great-Britain  imported  and  exported  rice  as  follows,  viz.  in  the 


year  1773- 

England  imported. 

Scotland  imported. 

cwt. 

q- 

tb- 

cwt. 

*!• 

ft- 

CaroKaa, 

370,290 

a 

5 

8,49a 

I 

a7 

Georgia, 

72,469 

I 

10 

3,750 

0 

7 

New- York, 

2,454 

,1 

14 

ia,24» 

2 

6 

PenniyWania, 

3,857 

3 

a 

459>o7« 

t 

19 

459,07a     a     1.9  471,315     o     25 

of  which  Great-Britain  confumed  99,438  cwt.  »  q.  i  ft.  and  exported 
371,876  cwt.  aq.  24  ft. 

N.  B.  In  the  year  ending  the  30th  Sept.  1792,  there  was  exported 
from  the  United  States,  it  is  conceived,  principally  to  Great-Britain — 
but  of  this  there  is  no  public  document — viz.  112,428  hoglheads  of  to- 
kacco,  141,76  a  tiercce  of  rice,  and  147*937  barrels  of  naval  ftores. 


-  C        54       ] 

enter  freely  into  the  Britifti  colonies,  and  thereby  ab. 
forb  theii*  whole  carrying  trade,  except  that  of  their 
Eaft-India  fettlements,  pf  Nova-Scotia  and  Canada, 
■v^hich  fliould  continue  as  above  ftated,  the  balance  of 
freightage  would  ftill  be  in  favour  of  the  Englifti  nav- 
igation, as  will  appear  by  the  following  ftatement, 

Dr.  Britifli  Shippin?  1    Tons  /-.a        •        m  •     • 

;>s  before  ftated,      J  21 1,199  ^''  ^^''^^^^  Shipping, 

BytheEnglifhEuro--) 

pean  carrying  trade,  J  ^•''■' 
Newfoundland,  ditto,      41,424 
Weft-India  ditto,  96,071 

Nova-Scotia  and  Can-l 

-ada  ditto,  j    ^'°90 

Eaft-India   ditto,  ^i^55 

187,230, 
Balance  againft  the  United  States,         23,9691 

Tons,      211,199 

But  if  the  freightage  in  foreign  veflels  is  a  juft 
charge  againft  the  exports  of  the  United  States,  which 
it  undoubtedly  is,  it  will  not  only  affect  the  general 
balance  of  trade,  but  the  particular  balance  in  favour 
of  Great-Britain  againft  the  United  States  :  for  al-^ 
though  the  freights,  paid  to  foreigners,  may  not  ht  a 
clear  lofs  to  the  country,  as  one  of  the  beft  writers  up- 
on Englifli  commerce.  Sir  Joliah  Childs,  aflerts  it  is,, 
it  muft,  at  leaft,  be  confidered  as  a  deduction  from, 
the  value  of  the  exports,  and  in  favour  of  the  nation,, 
to  vi'hich  fuch  freightage  is  paid. 

The  average  of  foreign  tonnage,  for  three  years, 
preceding  the  prefent  European  war,  was  245,158 
tons,*  which,  if  calculated  at  five  pounds  fterling  per 
ton  freightage,  upon  two  paflages,  amounts  to 
1,225,790  pounds  fterling,  or  5,459,288  cJoUars,  which 

being 

*  Foreign  tonnage  for  the  year  1790,        450,^^46  tons. 

1791,  240,552  do. 

1792,  244,278  do. 

735*376 


Average,        245*158  tons. 


C       55      3 

being  added  to  the  other  juft  charges  againft  the  es> 
ports  of  the  United  States,  (noted  below),*  the  gen- 
eral balance  of  trade,  including  that  of  navigation  dnd 
commerce,  againft  the  United  States,  is  6,674,831 
dollars  ;  and  a  particular  balance  againft  the  United 
States,  in  favour  of  Great-Britain,  amounting  to 
11,078,787  dollars- 

Although  Mr.  JefFerfon,  in  his  report, ftates  the  par* 
ticular  balance  of  trade  arifing  from  the  imports  from, 
and  the  exports  to  Great-Britain,  to  be  5,993^013 
dollars  againft  the  United  States,  yet,  for  the  greater 
accuracy,  as  well  as  to  fhew  the  Britifli  ftatement  of 
imports  and  exports  into,  and  from  Great-Britain, 
the  following  ftatement  is  tranfcribed  from  Ander- 
fon's  Chronological  Hiftory  of  Commerce,  which  is 
the  lateft  that  it  contains,  and  is  for  the  year  1785. 

Imports  from    and     Exports  to 
£.   56,647-11-11  163,348-05-03  New-England. 

61,671-10-09         405,762-12-00  New- York. 
57i7'^5-^^-^5         369,215-08-05  Pennfylvania. 
443,580-06-02       1,015,102-08-10  Virg.  &  Maryla. 
228,070-15-10         310,198-03-07  Carolinas. 
45»9i9-i4-o7  44,396-04-06  Georgia. 

C  8935695-05-08  £.3,308,033-02-00! 

Balance 

*  The  general  balance  of  trade,  ftated  m  the  year  1790,  by  Mr.  Jef- 
feifon,  in  his  report  to  Congrefs,  made  December  13,  1793. 

The  United  States  ftood  debtor  for  a  general 
commercial  balance  againft  them,        -  -       235,975  dollars. 

The  United  States  paid  freightage  to  foreign 

nations,  in  the  fame  year,  as  before  ftated,     -     55459, z88 

The  commiflions  upon  the  imports,  not  charg- 
ed at  the  cuftom-houfe,  the  duties  being  lev- 
ied exclufive  thereof,  at  2^  per  cent.       -        -        500,000 

Goods  and  merchandizes  fmuggled,  contrary 
to  law,  eftimated  at  2^  per  cent,  (only)         -  50c  ,000 

General  balance  of  trade  againft  the  United  States,  6,695,263 
N.  B.    No  notice  is  herein  taken  of  goods  admitted  free  of  duty,  no 
accoimt  thereof  being  kept  at  the  cuftom-houfe. 

f  "  The  value  of  the  exports  of  the  two  years  1794  and  1795  was 
"  80,000,000  of  dollars,  and  of  the  two  years  1791  and  1792.  did  not 
"  amount  to  40  millions.    That  prodigious  augmentation  cannot  be 

viewed 


t    56   ] 

Balance  againft  the  U.  S.  j^*  i,4i4,337-i7-4  fterling, 
^  (.or  6,285,946  dollars. 

To  which,  if  is  added  '>  r.       j  « 

the  freightage,  viz.  5  ±79^Mi_  doUars, 
there  will  be  a  balance  of  11,078,787  dollars 
againft  the  United  States,  which,  if  compared  with 
the  amount  of  exports  upon  an .  average  of  three 
years,  ending  on  the  ift  of  October,  1793,  the  whole 
exports,  upon  fuch  average,  being  no  more  than 
21,805,516  dollars,  there  is  an  excefs  of  more  than 
one  half  of  our  exportable  produce  annually  accruing 
to  Great-Britain  from  her  commerce  with  the  United 
States. 


dollars. 


Exports* 

1791* 

18,399,202 

1792, 

21,005,568 

1793* 

26,011,788 

65*416,558 

Average  21,805,516  dollars. 

See  Tencli  Coxe  9  ftatemcnt  of  exports,  in  his  view  of  the  United  States* 

Obferye,  that  the  above  ftatement  does  not  include  the  imports  or  ex- 
ports to  and  from  the  Britiih  colonies. 

If  the  foregoing  ftatements  are  founded  upon  fa6ts  5 

(for  it  is  by  facts  and  ftatements  of  this  fort  that  the 

commercial  policy  of  a  country  muft  be  adjudged)  ; — *■ 

if  they  juftly  point  out  the  relative  advantages,  arif- 

ing  from  the  commerce  and  navigation  of  the  two 

countries,  can  there  be  a  doubt  remaining,  as  to  the 

ill  policy  of  our  exifting  regulations  of  commerce  ? 

and 

<'  viewed  as  permanent,  unlefs  owing  to  the  increafe  of  the  quantity  of 
**  articles  of  our  own  growth,  or  manufadtGre,  that  were  exported.. 
"  But  it  has  already  been  ftated,  that  that  quantity  has  received  but  a 
*'  trifling  addition,  if  any,  fince  the  former  period.  That  increafe  is  ^ue 
"  to  mere  temporary  caufes  ;  the  firft  arifing  from  an  advanced  pnce, 
**  of  perhaps  forty  per  cent,  upon  the  total  amount  of  our  exports,  be- 
*'  yond  their  ufual  value  ;  the  fecond,  from  our  having  become  the  car- 
**  riers  of  a  large  proportion  of  the  produce  of  fome  of  the  Weft-India 
**  iflands.  Thofe  two  items,  both  of  which  are  owing  to  the  prefent 
*•  European  war,  conftitute  nearly  one  half  of  the  value  of  our  exports 
"  for  the  two  laft  vears."  See  Gallatin  on  the  finances  of  the  United 
States,  lately  publiflied,  page  27. 


C      57      3 

and  is  it  not  obvious,  that  a  balance  of  trade,  fo  im- 
menfe  in  its  amount,  and  fo  ruinous  in  its  confe- 
quences,  threatning  both  public  and  private  credit 
with  fhip\vreck,  ought,  by  fome  means  or  other,  to 
be  remedied  ?  and  to  what  meafure,  concurrent  to 
thofe  already  fuggefted,  c?in  we  better  recur,  than  to 
an  American  navigation  acl,  flmilar  to  that  of  Great- 
Britain  ?  It  is  a  meafure  of  juftice  to  ourfelves,  of 
protection  to  our  citizens,  and  of  reciprocity  to  Great- 
Britain.  Tench  Coxe,  in  his  view  of  the  United 
States,  obferves  upon  it,  "  That  the  article  of  the 
"  Britifli  trade  laws,  which  confines  the  importation 
"  of  foreign  goods  to  the  bottoms  of  the  country 
"  producing  them,  and  of  their  own  citizens,  appears 
"  applicable  to  our  lituation.  By  means  of  thofe  tv/o 
"  flags,  we  fhould  be  certain  of  the  neceffary  importa- 
"  tions  ;  and  we  fhould  throw  out  of  each  department 
"  of  the  carrying  trade,  every  competitor,  except  the 
''  Ihips  of  the  nation  by  which  the  goods  were  pro- 
"  duced  or  manufactured.  All  trade  with  feveral 
"  countries,  fuch  as  China  and  India,  whofe  veflels 
"  feldom  or  never  make  foreign  voyages,  would  be 
*'  fecured  in  our  own  hands.  It  will  be  found,  that  a 
"  modified  application  of  this  regulation,  in  pradice, 
*'  wiU  be  attended  with  no  difficulties  or  inconveni- 
"  ences  ;  and  befides  the  immediate  benefits  already 
"  mentioned,  our  merchants  will  be  led  directly  to  the 
"  original  market  for  the  fupplies  of  which  wc  ftand 
"  in  need.  Inftead  of  purchafing  goods  of  Rufila,  of 
"  the  Eaft-Indies,  in  England,  France,  or  Holland,  our 
'*  own  Ihips  will  fail  directly  to  the  fountain,  from 
"  whence  they  have  hitherto  flowed  to  us  through 
"  foreign  channels.  The  credits  given  to  us  in  JEu- 
*'  rope,  after  the  peace,  kept  us  in  the  practice  of  go- 
"  ing  to  a  very  few  places,  for  all  our  importations. 
*'  But  they  have  trufted  us,  in  many  inftances,  at  a 
"  dear  rate  indeed  ;  and  however  ufeful  credit  may 
"  be,  as  a  fupplement  to  our  means  of  trade,  in  this 
**  young  country,  Lt  is  very  certain  that  wc  fhould 
H  firfl 


[       58       ] 

*•  firil:  liiy  out  to  the  beft  advantage,  our  ^nds  lit 
"hand." 

Left  it  may  be  objecled,  that  the  reforms  herein 
fuggeftcd,  in  the  commercial  fyftem  of  the  United 
States,  might  impugn  the  revenue,  and  thereby  pro- 
duce mifchief  and  dlforder  in  the  pubUc  finances  ; — 
but  as  this  is  neither  intended,  nor  expefted  ;  and 
with  a  view  to  prevent  fuch  a  fuggeftion,  as  M^ell  as  to 
avoid  unnccelTary  amplification ,  it  may  not  be  improp- 
er to  fuggeft  the  following  queries. 

Query  i.  Whether  the  revenue  upon  goods  im- 
ported, ought  to  be  calculated  upon,  beyond  the  value 
of  the  goods  or  produce  exported  ? 

2.  Whether  an  increafe  of  revenue,  arifino;  from, 
an  undue  importation  in  one  year,  muil  not  be  fol- 
lowed by  a  reduced  revenue  in  fucceeding  years  ;  and 
if  the  excefs  be  repeated,  (the  imports  exceeding  the 
exports),  whether  the  revenue,  grounded  upon  fuch 
importations,  will  not  be  fubjecied  to  a  gradual  reduC' 
tion,  if  not  a  final  extinction  ? 

3.  Whether  the  amount  of  the  importations  would 
in  fact  be  diminiflied  by  particular  prohibitions,  tak- 
ing feveral  years  together  ;  and  whether  the  exclu- 
lion  of  articles,  unnecellary  and  luxurious,  would  not 
produce  the  fame  revenue,  by  the  increafe  of  fuch  ar- 
ticles as  were  ufeful  and  convenient  ? 

4.  And,  laftly.  Whether  a  diminution  in  the  re- 
venue from  a  partial  cxclufion  of  foreign  tonnage,  by 
an  American  navigation  act,  might  not  readily  be  in- 
demnified by  an  increafed  duty  upon  the  domeftic  ? 

Before  the  prefent  fubject  is  concluded,  it  may  not 
be  improper  to  make  a  few  additional  obfervations. 

An  American  navigation  acl,  it  is  conceived,  muft 
operate  not  lefs  beneiicially  to  the  agricultural,  than  to 
•the  commercial  ftates,  by  giving  fecurity  to  the  tranf- 
portation  of  their  produce  to  foreign  markets  at  all 
times,  and  efpecially  in  times  of  war  ;  and  fhould  it  be 
found,  that  the  competition,  in  the  fupply  of  vefl'els, 
ihould  not  at  firft  be  fuliicient  to  furnifh  the  freight- 
age 


C       59       ] 

age  at  the  loweft  rates,  (which  muft  lOon  be  the  cafe,) 
the  agricultural  ftates,  under  fuch  circumftances, would 
be  wanting  in  a  juft  view  of  their  true  interells,  not 
to  co-operate  in  the  meafures  neceflary  to  produce  it : 
In  proof  of  which,  it  may  be  afked,  what  would  have 
been  the  probable  fituation  of  the  fouthern  ftates,  from 
the  prefent  European  war,  if  the  United  States  had 
been  without  navigation  ?  Their  produce  muft,  in  all 
probability,  have  perifhed  upon  their  hands,  or  have 
been  tranfported  to  market  at  fo  heavy  an  expenfe,  as 
to  have  left  little  to  the  profit  of  their  lands  :  whereas 
they  have  found  immenfe  prices  for  their  productions, 
whilft  our  ftiips  and  veffels  have  had  ample  and  gene- 
rous freights  for  their  tranfportation.  The  union  of 
the  commercial  and  agricultural  intereft  in  this,  as  in 
moft  other  cafes,  has  been  found  contributive  to  the 
general  welfare  ;  and  perhaps  no  meafure  of  more  ge- 
neral policy,  or  particular  advantage,  applying  to  the 
northern  and  fouthern  ftates,  could  be  readily  devifed 
for  the  mutual  bencfi^t  of  agriculture  andr  commerce, 
than  an  American  navigation  act,  upon  the  principles 
herein  propofed. 

But  when  we  confider  the  encouragement  of  navi- 
gation as  contributive  to  the  general  defence,  without 
going  far  into  the  hiftory  of  ancient  or  modern  na- 
tions, there  are  fevi'-  or  no  inftances  of  a  country  hold- 
ing extenftve  colonies  or  pofleilions  abroad,  or  of  en- 
joying power  or  refpeclability  at  home,  or  among  the 
neighbouring  ftates,  without  the  aid  of  a  maritime 
force.  Navigation,  as  a  nurfery  of  feamen,  and  as  a 
mean  of  beftowing  wealth  and  power,  is  found,  by 
experience,  to  be  among  the  firft  objects  of  national 
policy.  The  Carthagenians  maintained  their  indepen- 
dence, and  were  fuccefsful  rivals  to  the  Roman  power, 
as  long  as  they  preferved  their  naval  fuperiority  : — 
The  moft  brilliant  achievements  of  the  Athenians  were 
through  the  means  of  their  fleets  :- — "  The  anfwer  giv- 
"  en  by  the  oracle  of  Delphi  to  the  Athenians,to  fortify 
*'  their  city  with  wooden  walls  againft  the  invafton  of 

"  XerxeSj 


C      6o      3 

'*  XerxeSjisan  advice  which  has  been  fuccefsfully  adopt- 
*'  ed  by  the  French  and  Englifli,"  *  and  ought  to  be 
operative  upon  the  citizens  and  government  of  the 
United  States. 

France,  by  the  eftabHfhment  of  diftant  colonies,  and 
by  laying  a  duty,  amounting  to  a  prohibition,  upon 
foreign  ihipping,  in  the  time  of  Lewis  14th,  gained 
iuch  sin  afcendency  upon  the  ocean,  that  her  fleets  be- 
came formidable  to  thofe  of  England,  Holland,  and 
Spain :  England,  although  always  known  as  a  mari- 
time power,  yet  from  the  time  of  King  Edgar,  to  that 
of  Queen  Elizabeth,  made  no  great  figure  upon  the 
ocean  :^Her  colonies,  principally  Virginia,  and  after- 
wards the  Carolinas,  added  to  the  wife  provifions  and 
prohibitions  of  her  navigation  afts,  firft  laid  the  foun- 
dation, and  afterwards  eftablifhed  her  maritime  im- 
portance. 

To  the  policy  of  thefe  afts  ought  the  citizens  of 
the  United  States  to  have  recourfe,  as  a  mean  of  pro- 
curing their  country's  profperity  and  power,  as  a 
meafure  of  fecurity  againft  foreign  invafion  ; — to  coA- 
voy  and  to  protect  their  commerce,  to  aflure  to  them 
the  juft  reward  of  their  labour,  and  to  proteft  it 
againft  foreign  interference  : — as  a  defenfive  meafure, 
to  equalize  the  advantages  of  commerce  with  foreign 
nations  ;  to  place  prohibitions  againft  prohibitions, 
and  generally  to  fecure  thofe  benefits,  to  which  their 
iituation,  productions  and  good  policy  ought  jto  en- 
title them.  .     ' 

To  conclude  :  ■■  .Fellow- Citizens  of  the  United 
States  !  let  not  "  partial  views,  or  local  prejudices'^ 
deter  you  from  a  due  confideration  of  the  meafures 
herein  recommended  :  weigh  well  your  commercial 
and  political  Iituation  with  Great-Britain  !  Let  unity 
of  aftion  and  defign  (the  chief  charafteriftics  of  a  na- 
tion) mark  your  meafures  and  councils  ! Weak — 

timid — ^yielding  politics  never  yet  achieved  any  thing 

pf  importance  ! It  is  for  you  tq  fay,  whether  you 

wiji 

-»  Poftlethwaitc. 


t      5i      1 

will  be  a  great,  independent,  enterprifing  and  com- 
manding people  ;— or  a  weak — dependent — timid— 
and  degraded  one  !  Speak  the  word,  infufe  your 
influence  into  your  government  ;  and  thofe  ads  and 
meafures  will  foon  be  purfued,  which  yv'iH  not  only 
fecure  )'0u  againft  the  impending  evils,  which  threat- 
en you,  but  will  waft  to  your  favoured  fliores,  pro- 
grellive  wealth,  profperity,  and  power. 


Errata.    In  the  54th  line  of  page  18,  and  the  sad  line  of  page  X9> 

read  Je/enfitef  inftead  of  defenfory. 


H 

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III  Forfifrti 

Trade. 


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Trddv. 


In  ripping 
Trade, 


VeJ]'dt  'ivtied  in  part  by 
Ain'rirain  fcf  Foreign. 


VeJJ'ih  foreign  built ■^ 
civmd  by  Americatis. 


Vcfl'eh  American  itiilt, 
Cloned  by  Foreigners, 


Great -Britain. 


o' 

3 

France. 

1 

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